| April 16, 2026 06:06 UTC | April 19, 2026 06:28 UTC | ||||
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| 196 | Sign in | 196 | Sign in | ||
| 197 | Gusto | 197 | Gusto | ||
| 198 | Terms | 198 | Terms | ||
| n | 199 | Contracts | n | 199 | All Contracts |
| 200 | Employer Terms of Service | 200 | Employer Terms of Service | ||
| 201 | Members Terms of Service | 201 | Members Terms of Service | ||
| 202 | Accountant Program Terms of Service | 202 | Accountant Program Terms of Service | ||
| 255 | November 2025 Partner Promotion Terms | 255 | November 2025 Partner Promotion Terms | ||
| 256 | December 2025 Solo Partner Promotion Terms | 256 | December 2025 Solo Partner Promotion Terms | ||
| 257 | Referee terms | 257 | Referee terms | ||
| n | n | 258 | EIN Application Service Supplemental Terms | ||
| 259 | Gusto Powered Practices Contest Official Rules | ||||
| 258 | Employer Terms of Service | 260 | Employer Terms of Service | ||
| 259 | Version | 261 | Version | ||
| 260 | Version 16.0 (Current) | 262 | Version 16.0 (Current) | ||
| 376 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 378 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 377 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 379 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 378 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 380 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 379 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 381 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 380 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 382 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 381 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 383 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 382 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 384 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 393 | 27. Electronic Transmission of the Agreement | 395 | 27. Electronic Transmission of the Agreement | ||
| 394 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 396 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 395 | 28. Contact Information | 397 | 28. Contact Information | ||
| n | 396 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 398 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 397 | Department of Consumer Affairs | 399 | Department of Consumer Affairs | ||
| 398 | Consumer Information Division | 400 | Consumer Information Division | ||
| 399 | 1625 North Market Blvd., Suite N 112 | 401 | 1625 North Market Blvd., Suite N 112 | ||
| 502 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 504 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 503 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 505 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 504 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 506 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 505 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 507 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 506 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 508 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 507 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 509 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 508 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 510 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 519 | 27. Electronic Transmission of the Agreement | 521 | 27. Electronic Transmission of the Agreement | ||
| 520 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 522 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 521 | 28. Contact Information | 523 | 28. Contact Information | ||
| n | 522 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 524 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 523 | Department of Consumer Affairs | 525 | Department of Consumer Affairs | ||
| 524 | Consumer Information Division | 526 | Consumer Information Division | ||
| 525 | 1625 North Market Blvd., Suite N 112 | 527 | 1625 North Market Blvd., Suite N 112 | ||
| 627 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 629 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 628 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 630 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 629 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 631 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 630 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 632 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 631 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 633 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 632 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 634 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 633 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 635 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 644 | 27. Electronic Transmission of the Agreement | 646 | 27. Electronic Transmission of the Agreement | ||
| 645 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 647 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 646 | 28. Contact Information | 648 | 28. Contact Information | ||
| n | 647 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 649 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 648 | Department of Consumer Affairs | 650 | Department of Consumer Affairs | ||
| 649 | Consumer Information Division | 651 | Consumer Information Division | ||
| 650 | 1625 North Market Blvd., Suite N 112 | 652 | 1625 North Market Blvd., Suite N 112 | ||
| 753 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 755 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 754 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 756 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 755 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 757 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 756 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 758 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 757 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 759 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 758 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 760 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 759 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 761 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 770 | 27. Electronic Transmission of the Agreement | 772 | 27. Electronic Transmission of the Agreement | ||
| 771 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 773 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 772 | 28. Contact Information | 774 | 28. Contact Information | ||
| n | 773 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 775 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 774 | Department of Consumer Affairs | 776 | Department of Consumer Affairs | ||
| 775 | Consumer Information Division | 777 | Consumer Information Division | ||
| 776 | 1625 North Market Blvd., Suite N 112 | 778 | 1625 North Market Blvd., Suite N 112 | ||
| 878 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 880 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 879 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 881 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 880 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 882 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 881 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 883 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 882 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 884 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 883 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 885 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 884 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 886 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 895 | 27. Electronic Transmission of the Agreement | 897 | 27. Electronic Transmission of the Agreement | ||
| 896 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 898 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 897 | 28. Contact Information | 899 | 28. Contact Information | ||
| n | 898 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 900 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 899 | Department of Consumer Affairs | 901 | Department of Consumer Affairs | ||
| 900 | Consumer Information Division | 902 | Consumer Information Division | ||
| 901 | 1625 North Market Blvd., Suite N 112 | 903 | 1625 North Market Blvd., Suite N 112 | ||
| 1003 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 1005 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 1004 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 1006 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 1005 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 1007 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 1006 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 1008 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 1007 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 1009 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 1008 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 1010 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 1009 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 1011 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 1020 | 27. Electronic Transmission of the Agreement | 1022 | 27. Electronic Transmission of the Agreement | ||
| 1021 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1023 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1022 | 28. Contact Information | 1024 | 28. Contact Information | ||
| n | 1023 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 1025 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 1024 | Department of Consumer Affairs | 1026 | Department of Consumer Affairs | ||
| 1025 | Consumer Information Division | 1027 | Consumer Information Division | ||
| 1026 | 1625 North Market Blvd., Suite N 112 | 1028 | 1625 North Market Blvd., Suite N 112 | ||
| 1130 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 1132 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 1131 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 1133 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 1132 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 1134 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 1133 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 1135 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 1134 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 1136 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 1135 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 1137 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 1136 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 1138 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 1147 | 27. Electronic Transmission of the Agreement | 1149 | 27. Electronic Transmission of the Agreement | ||
| 1148 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1150 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1149 | 28. Contact Information | 1151 | 28. Contact Information | ||
| n | 1150 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 1152 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 1151 | Department of Consumer Affairs | 1153 | Department of Consumer Affairs | ||
| 1152 | Consumer Information Division | 1154 | Consumer Information Division | ||
| 1153 | 1625 North Market Blvd., Suite N 112 | 1155 | 1625 North Market Blvd., Suite N 112 | ||
| 1256 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 1258 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 1257 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 1259 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 1258 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 1260 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 1259 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 1261 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 1260 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 1262 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 1261 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 1263 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 1262 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 1264 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 1273 | 27. Electronic Transmission of the Agreement | 1275 | 27. Electronic Transmission of the Agreement | ||
| 1274 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1276 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1275 | 28. Contact Information | 1277 | 28. Contact Information | ||
| n | 1276 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 1278 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 1277 | Department of Consumer Affairs | 1279 | Department of Consumer Affairs | ||
| 1278 | Consumer Information Division | 1280 | Consumer Information Division | ||
| 1279 | 1625 North Market Blvd., Suite N 112 | 1281 | 1625 North Market Blvd., Suite N 112 | ||
| 1382 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 1384 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 1383 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 1385 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 1384 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 1386 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 1385 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 1387 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 1386 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 1388 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 1387 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 1389 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 1388 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 1390 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 1399 | 27. Electronic Transmission of the Agreement | 1401 | 27. Electronic Transmission of the Agreement | ||
| 1400 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1402 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1401 | 28. Contact Information | 1403 | 28. Contact Information | ||
| n | 1402 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 1404 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 1403 | Department of Consumer Affairs | 1405 | Department of Consumer Affairs | ||
| 1404 | Consumer Information Division | 1406 | Consumer Information Division | ||
| 1405 | 1625 North Market Blvd., Suite N 112 | 1407 | 1625 North Market Blvd., Suite N 112 | ||
| 1508 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 1510 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 24.C BELOW. | ||
| 1509 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 1511 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 24 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 24. | > | on as described in this Section 24. | ||
| 1510 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 1512 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 24 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 24.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 1511 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 1513 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Employers, within t | ||
| > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | > | hirty (30) days of Gusto’s notice of modifications to these Terms. For your conv | ||
| > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | > | enience we have provided a form Arbitration Opt-Out Notice here. Please complete | ||
| > | and email the completed form, including all required fields, to [email protecte | > | and email the completed form, including all required fields, to legal-opt-outs@ | ||
| > | d]. If you don’t provide Gusto with a completed Arbitration Opt-Out Notice withi | > | gusto.com. If you don’t provide Gusto with a completed Arbitration Opt-Out Notic | ||
| > | n the thirty (30) day period, you will be deemed to have knowingly and intention | > | e within the thirty (30) day period, you will be deemed to have knowingly and in | ||
| > | ally waived your right to litigate any Dispute except with regard to a Small Cla | > | tentionally waived your right to litigate any Dispute except with regard to a Sm | ||
| > | ims Action or an IP Protection Action, as expressly set forth in Section 24.B ab | > | all Claims Action or an IP Protection Action, as expressly set forth in Section | ||
| > | ove. Your opt-out will be effective only for Disputes that arise after acceptanc | > | 24.B above. Your opt-out will be effective only for Disputes that arise after ac | ||
| > | e of the Terms, or the effective date of the updated Terms for which you have su | > | ceptance of the Terms, or the effective date of the updated Terms for which you | ||
| > | bmitted an Arbitration Opt-Out Notice (whichever is later). | > | have submitted an Arbitration Opt-Out Notice (whichever is later). | ||
| 1512 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 1514 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 24 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 1513 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 1515 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 24. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 1514 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 1516 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 24.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 1525 | 27. Electronic Transmission of the Agreement | 1527 | 27. Electronic Transmission of the Agreement | ||
| 1526 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1528 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (a) the use of electronic means to del | > | was not formed hereunder based on either (a) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | > | iver a signature or to indicate acceptance of this Agreement or (b) the fact tha | ||
| > | t any signature or acceptance of this Agreement was transmitted or communicated | > | t any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1527 | 28. Contact Information | 1529 | 28. Contact Information | ||
| n | 1528 | If Employer has any questions about this Agreement, the Platform, or the Service | n | 1530 | If Employer has any questions about this Agreement, the Platform, or the Service |
| > | s, Employer may contact Gusto at [email protected]. Gusto will not be able to ac | > | s, Employer may contact Gusto at support@gusto.com. Gusto will not be able to ac | ||
| > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | > | cept Employer questions, Feedback, or complaints at Gusto’s physical locations. | ||
| > | If Employer is a California resident, Employer may report complaints regarding t | > | If Employer is a California resident, Employer may report complaints regarding t | ||
| > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | > | he Services by contacting the Complaint Assistance Unit of the Division of Consu | ||
| > | mer Services of the California Department of Consumer Affairs at: | > | mer Services of the California Department of Consumer Affairs at: | ||
| 1529 | Department of Consumer Affairs | 1531 | Department of Consumer Affairs | ||
| 1530 | Consumer Information Division | 1532 | Consumer Information Division | ||
| 1531 | 1625 North Market Blvd., Suite N 112 | 1533 | 1625 North Market Blvd., Suite N 112 | ||
| 1692 | 28. Electronic Transmission | 1694 | 28. Electronic Transmission | ||
| 1693 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1695 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1694 | 29. Contact Information | 1696 | 29. Contact Information | ||
| n | 1695 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 1697 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 1696 | Department of Consumer Affairs | 1698 | Department of Consumer Affairs | ||
| 1697 | Consumer Information Division | 1699 | Consumer Information Division | ||
| 1698 | 1625 North Market Blvd., Suite N 112 | 1700 | 1625 North Market Blvd., Suite N 112 | ||
| 1859 | 28. Electronic Transmission | 1861 | 28. Electronic Transmission | ||
| 1860 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 1862 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 1861 | 29. Contact Information | 1863 | 29. Contact Information | ||
| n | 1862 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 1864 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 1863 | Department of Consumer Affairs | 1865 | Department of Consumer Affairs | ||
| 1864 | Consumer Information Division | 1866 | Consumer Information Division | ||
| 1865 | 1625 North Market Blvd., Suite N 112 | 1867 | 1625 North Market Blvd., Suite N 112 | ||
| 2026 | 28. Electronic Transmission | 2028 | 28. Electronic Transmission | ||
| 2027 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 2029 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 2028 | 29. Contact Information | 2030 | 29. Contact Information | ||
| n | 2029 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 2031 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 2030 | Department of Consumer Affairs | 2032 | Department of Consumer Affairs | ||
| 2031 | Consumer Information Division | 2033 | Consumer Information Division | ||
| 2032 | 1625 North Market Blvd., Suite N 112 | 2034 | 1625 North Market Blvd., Suite N 112 | ||
| 2043 | 	 | 2045 | 	 | ||
| 2044 | 1. Additional Terms for Services | 2046 | 1. Additional Terms for Services | ||
| 2045 | Gusto’s provision of any Service is subject to the terms of this Agreement and a | 2047 | Gusto’s provision of any Service is subject to the terms of this Agreement and a | ||
| > | ny supplemental terms referenced herein or which Gusto may present User with for | > | ny supplemental terms referenced herein or which Gusto may present User with for | ||
| > | review and acceptance at the time User subscribes to such Service (each, “Servi | > | review and acceptance at the time User subscribes to such Service (each, “Servi | ||
| > | ce Terms”), and any Service Terms shall be incorporated into and form a part of | > | ce Terms”), and any Service Terms shall be incorporated into and form a part of | ||
| > | this Agreement. If the terms hereof conflict with any Service Terms, the Service | > | this Agreement. If the terms hereof conflict with any Service Terms, the Service | ||
| > | Terms will govern with respect to the matters contemplated thereby. | > | Terms will govern with respect to the matters contemplated thereby. | ||
| n | 2046 | 										Service Plan			&Ta | n | 2048 | 	 |
| > | b;Service Terms			 | ||||
| 2047 | 							Core				 | 2049 | 																 | ||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 			Service PlanService Terms | ||||
| 2050 | Core | ||||
| 2048 | Payroll Service Terms and Human Resources Service Terms | 2051 | Payroll Service Terms and Human Resources Service Terms | ||
| n | 2049 | 			 | n | 2052 | Complete |
| 2050 | 							Complete				 | ||||
| 2051 | Payroll Service Terms and Human Resources Service Terms | 2053 | Payroll Service Terms and Human Resources Service Terms | ||
| n | 2052 | 			 | n | 2054 | Concierge |
| 2053 | 							Concierge				 | ||||
| 2054 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | 2055 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | ||
| > | s | > | s | ||
| n | 2055 | 			 | n | 2056 | Select |
| 2056 | 							Select				 | ||||
| 2057 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | 2057 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | ||
| > | s | > | s | ||
| n | 2058 | 			 | n | 2058 | SimplePayroll Service Terms |
| 2059 | 							Simple				Payroll Service Ter | 2059 | PlusPayroll Service Terms | ||
| > | ms			 | ||||
| 2060 | 							Plus				Payroll Service Terms | 2060 | Plus with HR Add-Ons | ||
| > | 			 | ||||
| 2061 | 							Plus with HR Add-Ons				 | ||||
| 2062 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | 2061 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | ||
| > | s | > | s | ||
| n | 2063 | 			 | n | 2062 | Premium |
| 2064 | 							Premium				 | ||||
| 2065 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | 2063 | Payroll Service Terms, Human Resources Service Terms, and HR Support Center Term | ||
| > | s | > | s | ||
| n | 2066 | 			 | n | ||
| 2067 | 			 | ||||
| 2068 | If User chooses to subscribe to one or more of the following add-on services, th | 2064 | If User chooses to subscribe to one or more of the following add-on services, th | ||
| > | en User agrees to be bound by the Service Terms listed next to such add-on servi | > | en User agrees to be bound by the Service Terms listed next to such add-on servi | ||
| > | ce(s), each of which is incorporated herein by reference, as applicable to User: | > | ce(s), each of which is incorporated herein by reference, as applicable to User: | ||
| n | 2069 | 										Add-on Service			& | n | 2065 | 	 |
| > | Tab;Service Terms			 | ||||
| 2070 | 							Health Insurance Benefits Service		&T | 2066 | 																 | ||
| > | ab;	Health Insurance Benefits Service Terms			 | > | 																 | ||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 															Add-o | ||||
| > | n ServiceService Terms | ||||
| 2071 | 							Tax-Advantaged Accounts Service		&Tab | 2067 | Health Insurance Benefits ServiceHealth Insurance Benefits Service Terms | ||
| > | ;	Tax-Advantaged Accounts Service Terms			 | ||||
| 2072 | 							Workers’ Compensation Service			& | 2068 | Tax-Advantaged Accounts ServiceTax-Advantaged Accounts Service Terms | ||
| > | Tab;Workers’ Compensation Service Terms			 | ||||
| 2073 | 							International Contractor Payments Service&Tab | 2069 | Workers’ Compensation ServiceWorkers’ Compensation Service Terms | ||
| > | ;			International Contractor Payments Service Terms			 | ||||
| 2074 | 							R&D Tax Credit Redemption Service		&T | 2070 | International Contractor Payments ServiceInternational Contractor Payments Servi | ||
| > | ab;	R&D Tax Credit Redemption Service Terms			 | > | ce Terms | ||
| 2075 | 							State Tax Registration Service			 | 2071 | R&D Tax Credit Redemption ServiceR&D Tax Credit Redemption Service Terms | ||
| > | 	State Tax Registration Service Terms			 | ||||
| 2076 | 							Background Checks Beta				Bac | 2072 | State Tax Registration ServiceState Tax Registration Service Terms | ||
| > | kground Checks Beta Terms			 | ||||
| 2077 | 							Gusto R&D Tax Credit Services			& | 2073 | Background Checks BetaBackground Checks Beta Terms | ||
| > | Tab;Gusto R&D Tax Credit Services Terms			 | ||||
| 2078 | 							Human Resources Service				Hu | 2074 | Gusto R&D Tax Credit ServicesGusto R&D Tax Credit Services Terms | ||
| > | man Resources Service Terms			 | ||||
| 2079 | 							HR Support Center Service				 | 2075 | Human Resources ServiceHuman Resources Service Terms | ||
| > | HR Support Center Terms			 | ||||
| 2080 | 			 | 2076 | HR Support Center ServiceHR Support Center Terms | ||
| 2081 | Gusto’s provision of any Service is contingent upon User being actively enrolled | 2077 | Gusto’s provision of any Service is contingent upon User being actively enrolled | ||
| > | in the Payroll Service (as defined in the Payroll Service Terms). | > | in the Payroll Service (as defined in the Payroll Service Terms). | ||
| 2082 | 	 | 2078 | 	 | ||
| 2083 | 2. Services Fees and Charges | 2079 | 2. Services Fees and Charges | ||
| 2216 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 2212 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 2217 | 	 | 2213 | 	 | ||
| 2218 | 29. Contact Information | 2214 | 29. Contact Information | ||
| n | 2219 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 2215 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 2220 | Department of Consumer Affairs | 2216 | Department of Consumer Affairs | ||
| 2221 | Consumer Information Division | 2217 | Consumer Information Division | ||
| 2222 | 1625 North Market Blvd., Suite N 112 | 2218 | 1625 North Market Blvd., Suite N 112 | ||
| 2385 | 28. Electronic Transmission | 2381 | 28. Electronic Transmission | ||
| 2386 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 2382 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 2387 | 29. Contact Information | 2383 | 29. Contact Information | ||
| n | 2388 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 2384 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 2389 | Department of Consumer Affairs | 2385 | Department of Consumer Affairs | ||
| 2390 | Consumer Information Division | 2386 | Consumer Information Division | ||
| 2391 | 1625 North Market Blvd., Suite N 112 | 2387 | 1625 North Market Blvd., Suite N 112 | ||
| 2553 | 28. Electronic Transmission | 2549 | 28. Electronic Transmission | ||
| 2554 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 2550 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 2555 | 29. Contact Information | 2551 | 29. Contact Information | ||
| n | 2556 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 2552 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 2557 | Department of Consumer Affairs | 2553 | Department of Consumer Affairs | ||
| 2558 | Consumer Information Division | 2554 | Consumer Information Division | ||
| 2559 | 1625 North Market Blvd., Suite N 112 | 2555 | 1625 North Market Blvd., Suite N 112 | ||
| 2642 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 2638 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | ||
| 2643 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | 2639 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | ||
| > | past, present, or future dispute, claim, or controversy relating to or arising o | > | past, present, or future dispute, claim, or controversy relating to or arising o | ||
| > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | ||
| > | wise, including the validity or enforceability of this Section 16 or the Agreeme | > | wise, including the validity or enforceability of this Section 16 or the Agreeme | ||
| > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | ||
| > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | ||
| > | and cost effective means of resolving the dispute quickly. You agree that befor | > | and cost effective means of resolving the dispute quickly. You agree that befor | ||
| > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | ||
| > | ll try to resolve the specific issue underlying the Dispute informally by contac | > | ll try to resolve the specific issue underlying the Dispute informally by contac | ||
| > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | ||
| > | ts to contact you to resolve any Dispute we may have informally before taking an | > | ts to contact you to resolve any Dispute we may have informally before taking an | ||
| > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | ||
| > | ontact our customer service team, you or Gusto may initiate an arbitration proce | > | ontact our customer service team, you or Gusto may initiate an arbitration proce | ||
| > | eding for Disputes as described below. | > | eding for Disputes as described below. | ||
| 2644 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 2640 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, the misappropriation or violation of a party’s copyrights, | > | atened infringement, the misappropriation or violation of a party’s copyrights, | ||
| > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | ||
| > | Protection Action”). Disputes include matters arising as initial claims, counte | > | Protection Action”). Disputes include matters arising as initial claims, counte | ||
| > | r‐claims, cross-claims, third-party claims, or otherwise. | > | r‐claims, cross-claims, third-party claims, or otherwise. | ||
| n | 2645 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 2641 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice to [email protected], | > | for all purposes by sending an arbitration opt out notice to legal-opt-outs@gust | ||
| > | within thirty (30) days of the date of your electronic acceptance of these Membe | > | o.com, within thirty (30) days of the date of your electronic acceptance of thes | ||
| > | rs Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current Members, | > | e Members Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current M | ||
| > | within thirty (30) days of Gusto’s notice of modifications to these Members Ter | > | embers, within thirty (30) days of Gusto’s notice of modifications to these Memb | ||
| > | ms. Such Arbitration Opt-Out Notice must clearly state that you are rejecting ar | > | ers Terms. Such Arbitration Opt-Out Notice must clearly state that you are rejec | ||
| > | bitration; identify these Terms to which it applies by the effective date of the | > | ting arbitration; identify these Terms to which it applies by the effective date | ||
| > | Terms; and provide your name and address. If you don’t provide Gusto with a com | > | of the Terms; and provide your name and address. If you don’t provide Gusto wit | ||
| > | pleted Arbitration Opt-Out Notice within the thirty (30) day period, you will be | > | h a completed Arbitration Opt-Out Notice within the thirty (30) day period, you | ||
| > | deemed to have knowingly and intentionally waived your right to litigate any Di | > | will be deemed to have knowingly and intentionally waived your right to litigate | ||
| > | spute except with regard to a Small Claims Action or an IP Protection Action, as | > | any Dispute except with regard to a Small Claims Action or an IP Protection Act | ||
| > | expressly set forth in Section 16.B above. Your opt-out will be effective only | > | ion, as expressly set forth in Section 16.B above. Your opt-out will be effectiv | ||
| > | for Disputes that arise after acceptance of the Terms, or the effective date of | > | e only for Disputes that arise after acceptance of the Terms, or the effective d | ||
| > | the updated Terms for which you have submitted an Arbitration Opt-Out Notice (wh | > | ate of the updated Terms for which you have submitted an Arbitration Opt-Out Not | ||
| > | ichever is later). | > | ice (whichever is later). | ||
| 2646 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 2642 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 2647 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 2643 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 2648 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 2644 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 2661 | Notices. Any notices or other communications provided by Gusto under this Agreem | 2657 | Notices. Any notices or other communications provided by Gusto under this Agreem | ||
| > | ent, including those regarding modifications to this Agreement, will be given: ( | > | ent, including those regarding modifications to this Agreement, will be given: ( | ||
| > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | ||
| > | e date of receipt will be deemed the date on which such notice is given. For not | > | e date of receipt will be deemed the date on which such notice is given. For not | ||
| > | ices made by posting to the Platform, the date of such posting will be deemed th | > | ices made by posting to the Platform, the date of such posting will be deemed th | ||
| > | e date that notice is given. | > | e date that notice is given. | ||
| 2662 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | 2658 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | ||
| > | greement will not be considered a waiver of such right or provision. The waiver | > | greement will not be considered a waiver of such right or provision. The waiver | ||
| > | of any such right or provision will be effective only if in writing and signed b | > | of any such right or provision will be effective only if in writing and signed b | ||
| > | y a duly authorized representative of Gusto. Except as expressly set forth in th | > | y a duly authorized representative of Gusto. Except as expressly set forth in th | ||
| > | is Agreement, the exercise by either party of any of its remedies under this Agr | > | is Agreement, the exercise by either party of any of its remedies under this Agr | ||
| > | eement will be without prejudice to its other remedies under this Agreement or o | > | eement will be without prejudice to its other remedies under this Agreement or o | ||
| > | therwise. | > | therwise. | ||
| 2663 | 20. Contact Information | 2659 | 20. Contact Information | ||
| n | 2664 | If Member has any questions about this Agreement or the Member Services, Member | n | 2660 | If Member has any questions about this Agreement or the Member Services, Member |
| > | may contact Gusto at [email protected]. Gusto will not be able to accept Member | > | may contact Gusto at support@gusto.com. Gusto will not be able to accept Member | ||
| > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | ||
| > | California resident, Member may report complaints regarding the Member Services | > | California resident, Member may report complaints regarding the Member Services | ||
| > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | ||
| > | s of the California Department of Consumer Affairs at: | > | s of the California Department of Consumer Affairs at: | ||
| 2665 | Department of Consumer Affairs | 2661 | Department of Consumer Affairs | ||
| 2666 | Consumer Information Division | 2662 | Consumer Information Division | ||
| 2667 | 1625 North Market Blvd., Suite N 112 | 2663 | 1625 North Market Blvd., Suite N 112 | ||
| 2742 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 2738 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | ||
| 2743 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | 2739 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | ||
| > | past, present, or future dispute, claim, or controversy relating to or arising o | > | past, present, or future dispute, claim, or controversy relating to or arising o | ||
| > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | ||
| > | wise, including the validity or enforceability of this Section 16 or the Agreeme | > | wise, including the validity or enforceability of this Section 16 or the Agreeme | ||
| > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | ||
| > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | ||
| > | and cost effective means of resolving the dispute quickly. You agree that befor | > | and cost effective means of resolving the dispute quickly. You agree that befor | ||
| > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | ||
| > | ll try to resolve the specific issue underlying the Dispute informally by contac | > | ll try to resolve the specific issue underlying the Dispute informally by contac | ||
| > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | ||
| > | ts to contact you to resolve any Dispute we may have informally before taking an | > | ts to contact you to resolve any Dispute we may have informally before taking an | ||
| > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | ||
| > | ontact our customer service team, you or Gusto may initiate an arbitration proce | > | ontact our customer service team, you or Gusto may initiate an arbitration proce | ||
| > | eding for Disputes as described below. | > | eding for Disputes as described below. | ||
| 2744 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 2740 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, the misappropriation or violation of a party’s copyrights, | > | atened infringement, the misappropriation or violation of a party’s copyrights, | ||
| > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | ||
| > | Protection Action”). Disputes include matters arising as initial claims, counte | > | Protection Action”). Disputes include matters arising as initial claims, counte | ||
| > | r‐claims, cross-claims, third-party claims, or otherwise. | > | r‐claims, cross-claims, third-party claims, or otherwise. | ||
| n | 2745 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 2741 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice to [email protected], | > | for all purposes by sending an arbitration opt out notice to legal-opt-outs@gust | ||
| > | within thirty (30) days of the date of your electronic acceptance of these Membe | > | o.com, within thirty (30) days of the date of your electronic acceptance of thes | ||
| > | rs Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current Members, | > | e Members Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current M | ||
| > | within thirty (30) days of Gusto’s notice of modifications to these Members Ter | > | embers, within thirty (30) days of Gusto’s notice of modifications to these Memb | ||
| > | ms. Such Arbitration Opt-Out Notice must clearly state that you are rejecting ar | > | ers Terms. Such Arbitration Opt-Out Notice must clearly state that you are rejec | ||
| > | bitration; identify these Terms to which it applies by the effective date of the | > | ting arbitration; identify these Terms to which it applies by the effective date | ||
| > | Terms; and provide your name and address. If you don’t provide Gusto with a com | > | of the Terms; and provide your name and address. If you don’t provide Gusto wit | ||
| > | pleted Arbitration Opt-Out Notice within the thirty (30) day period, you will be | > | h a completed Arbitration Opt-Out Notice within the thirty (30) day period, you | ||
| > | deemed to have knowingly and intentionally waived your right to litigate any Di | > | will be deemed to have knowingly and intentionally waived your right to litigate | ||
| > | spute except with regard to a Small Claims Action or an IP Protection Action, as | > | any Dispute except with regard to a Small Claims Action or an IP Protection Act | ||
| > | expressly set forth in Section 16.B above. Your opt-out will be effective only | > | ion, as expressly set forth in Section 16.B above. Your opt-out will be effectiv | ||
| > | for Disputes that arise after acceptance of the Terms, or the effective date of | > | e only for Disputes that arise after acceptance of the Terms, or the effective d | ||
| > | the updated Terms for which you have submitted an Arbitration Opt-Out Notice (wh | > | ate of the updated Terms for which you have submitted an Arbitration Opt-Out Not | ||
| > | ichever is later). | > | ice (whichever is later). | ||
| 2746 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 2742 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 2747 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 2743 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 2748 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 2744 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 2761 | Notices. Any notices or other communications provided by Gusto under this Agreem | 2757 | Notices. Any notices or other communications provided by Gusto under this Agreem | ||
| > | ent, including those regarding modifications to this Agreement, will be given: ( | > | ent, including those regarding modifications to this Agreement, will be given: ( | ||
| > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | ||
| > | e date of receipt will be deemed the date on which such notice is given. For not | > | e date of receipt will be deemed the date on which such notice is given. For not | ||
| > | ices made by posting to the Platform, the date of such posting will be deemed th | > | ices made by posting to the Platform, the date of such posting will be deemed th | ||
| > | e date that notice is given. | > | e date that notice is given. | ||
| 2762 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | 2758 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | ||
| > | greement will not be considered a waiver of such right or provision. The waiver | > | greement will not be considered a waiver of such right or provision. The waiver | ||
| > | of any such right or provision will be effective only if in writing and signed b | > | of any such right or provision will be effective only if in writing and signed b | ||
| > | y a duly authorized representative of Gusto. Except as expressly set forth in th | > | y a duly authorized representative of Gusto. Except as expressly set forth in th | ||
| > | is Agreement, the exercise by either party of any of its remedies under this Agr | > | is Agreement, the exercise by either party of any of its remedies under this Agr | ||
| > | eement will be without prejudice to its other remedies under this Agreement or o | > | eement will be without prejudice to its other remedies under this Agreement or o | ||
| > | therwise. | > | therwise. | ||
| 2763 | 20. Contact Information | 2759 | 20. Contact Information | ||
| n | 2764 | If Member has any questions about this Agreement or the Member Services, Member | n | 2760 | If Member has any questions about this Agreement or the Member Services, Member |
| > | may contact Gusto at [email protected]. Gusto will not be able to accept Member | > | may contact Gusto at support@gusto.com. Gusto will not be able to accept Member | ||
| > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | ||
| > | California resident, Member may report complaints regarding the Member Services | > | California resident, Member may report complaints regarding the Member Services | ||
| > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | ||
| > | s of the California Department of Consumer Affairs at: | > | s of the California Department of Consumer Affairs at: | ||
| 2765 | Department of Consumer Affairs | 2761 | Department of Consumer Affairs | ||
| 2766 | Consumer Information Division | 2762 | Consumer Information Division | ||
| 2767 | 1625 North Market Blvd., Suite N 112 | 2763 | 1625 North Market Blvd., Suite N 112 | ||
| 2844 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 2840 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | ||
| 2845 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | 2841 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | ||
| > | past, present, or future dispute, claim, or controversy relating to or arising o | > | past, present, or future dispute, claim, or controversy relating to or arising o | ||
| > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | ||
| > | wise, including the validity or enforceability of this Section 16 or the Agreeme | > | wise, including the validity or enforceability of this Section 16 or the Agreeme | ||
| > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | ||
| > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | ||
| > | and cost effective means of resolving the dispute quickly. You agree that befor | > | and cost effective means of resolving the dispute quickly. You agree that befor | ||
| > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | ||
| > | ll try to resolve the specific issue underlying the Dispute informally by contac | > | ll try to resolve the specific issue underlying the Dispute informally by contac | ||
| > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | ||
| > | ts to contact you to resolve any Dispute we may have informally before taking an | > | ts to contact you to resolve any Dispute we may have informally before taking an | ||
| > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | ||
| > | ontact our customer service team, you or Gusto may initiate an arbitration proce | > | ontact our customer service team, you or Gusto may initiate an arbitration proce | ||
| > | eding for Disputes as described below. | > | eding for Disputes as described below. | ||
| 2846 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 2842 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, the misappropriation or violation of a party’s copyrights, | > | atened infringement, the misappropriation or violation of a party’s copyrights, | ||
| > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | ||
| > | Protection Action”). Disputes include matters arising as initial claims, counte | > | Protection Action”). Disputes include matters arising as initial claims, counte | ||
| > | r‐claims, cross-claims, third-party claims, or otherwise. | > | r‐claims, cross-claims, third-party claims, or otherwise. | ||
| n | 2847 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 2843 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice to [email protected], | > | for all purposes by sending an arbitration opt out notice to legal-opt-outs@gust | ||
| > | within thirty (30) days of the date of your electronic acceptance of these Membe | > | o.com, within thirty (30) days of the date of your electronic acceptance of thes | ||
| > | rs Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current Members, | > | e Members Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current M | ||
| > | within thirty (30) days of Gusto’s notice of modifications to these Members Ter | > | embers, within thirty (30) days of Gusto’s notice of modifications to these Memb | ||
| > | ms. Such Arbitration Opt-Out Notice must clearly state that you are rejecting ar | > | ers Terms. Such Arbitration Opt-Out Notice must clearly state that you are rejec | ||
| > | bitration; identify these Terms to which it applies by the effective date of the | > | ting arbitration; identify these Terms to which it applies by the effective date | ||
| > | Terms; and provide your name and address. If you don’t provide Gusto with a com | > | of the Terms; and provide your name and address. If you don’t provide Gusto wit | ||
| > | pleted Arbitration Opt-Out Notice within the thirty (30) day period, you will be | > | h a completed Arbitration Opt-Out Notice within the thirty (30) day period, you | ||
| > | deemed to have knowingly and intentionally waived your right to litigate any Di | > | will be deemed to have knowingly and intentionally waived your right to litigate | ||
| > | spute except with regard to a Small Claims Action or an IP Protection Action, as | > | any Dispute except with regard to a Small Claims Action or an IP Protection Act | ||
| > | expressly set forth in Section 16.B above. Your opt-out will be effective only | > | ion, as expressly set forth in Section 16.B above. Your opt-out will be effectiv | ||
| > | for Disputes that arise after acceptance of the Terms, or the effective date of | > | e only for Disputes that arise after acceptance of the Terms, or the effective d | ||
| > | the updated Terms for which you have submitted an Arbitration Opt-Out Notice (wh | > | ate of the updated Terms for which you have submitted an Arbitration Opt-Out Not | ||
| > | ichever is later). | > | ice (whichever is later). | ||
| 2848 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 2844 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 2849 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 2845 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 2850 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 2846 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 2863 | Notices. Any notices or other communications provided by Gusto under this Agreem | 2859 | Notices. Any notices or other communications provided by Gusto under this Agreem | ||
| > | ent, including those regarding modifications to this Agreement, will be given: ( | > | ent, including those regarding modifications to this Agreement, will be given: ( | ||
| > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | ||
| > | e date of receipt will be deemed the date on which such notice is given. For not | > | e date of receipt will be deemed the date on which such notice is given. For not | ||
| > | ices made by posting to the Platform, the date of such posting will be deemed th | > | ices made by posting to the Platform, the date of such posting will be deemed th | ||
| > | e date that notice is given. | > | e date that notice is given. | ||
| 2864 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | 2860 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | ||
| > | greement will not be considered a waiver of such right or provision. The waiver | > | greement will not be considered a waiver of such right or provision. The waiver | ||
| > | of any such right or provision will be effective only if in writing and signed b | > | of any such right or provision will be effective only if in writing and signed b | ||
| > | y a duly authorized representative of Gusto. Except as expressly set forth in th | > | y a duly authorized representative of Gusto. Except as expressly set forth in th | ||
| > | is Agreement, the exercise by either party of any of its remedies under this Agr | > | is Agreement, the exercise by either party of any of its remedies under this Agr | ||
| > | eement will be without prejudice to its other remedies under this Agreement or o | > | eement will be without prejudice to its other remedies under this Agreement or o | ||
| > | therwise. | > | therwise. | ||
| 2865 | 20. Contact Information | 2861 | 20. Contact Information | ||
| n | 2866 | If Member has any questions about this Agreement or the Member Services, Member | n | 2862 | If Member has any questions about this Agreement or the Member Services, Member |
| > | may contact Gusto at [email protected]. Gusto will not be able to accept Member | > | may contact Gusto at support@gusto.com. Gusto will not be able to accept Member | ||
| > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | ||
| > | California resident, Member may report complaints regarding the Member Services | > | California resident, Member may report complaints regarding the Member Services | ||
| > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | ||
| > | s of the California Department of Consumer Affairs at: | > | s of the California Department of Consumer Affairs at: | ||
| 2867 | Department of Consumer Affairs | 2863 | Department of Consumer Affairs | ||
| 2868 | Consumer Information Division | 2864 | Consumer Information Division | ||
| 2869 | 1625 North Market Blvd., Suite N 112 | 2865 | 1625 North Market Blvd., Suite N 112 | ||
| 2945 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 2941 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | ||
| 2946 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | 2942 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | ||
| > | past, present, or future dispute, claim, or controversy relating to or arising o | > | past, present, or future dispute, claim, or controversy relating to or arising o | ||
| > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | ||
| > | wise, including the validity or enforceability of this Section 16 or the Agreeme | > | wise, including the validity or enforceability of this Section 16 or the Agreeme | ||
| > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | ||
| > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | ||
| > | and cost effective means of resolving the dispute quickly. You agree that befor | > | and cost effective means of resolving the dispute quickly. You agree that befor | ||
| > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | ||
| > | ll try to resolve the specific issue underlying the Dispute informally by contac | > | ll try to resolve the specific issue underlying the Dispute informally by contac | ||
| > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | ||
| > | ts to contact you to resolve any Dispute we may have informally before taking an | > | ts to contact you to resolve any Dispute we may have informally before taking an | ||
| > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | ||
| > | ontact our customer service team, you or Gusto may initiate an arbitration proce | > | ontact our customer service team, you or Gusto may initiate an arbitration proce | ||
| > | eding for Disputes as described below. | > | eding for Disputes as described below. | ||
| 2947 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 2943 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, the misappropriation or violation of a party’s copyrights, | > | atened infringement, the misappropriation or violation of a party’s copyrights, | ||
| > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | ||
| > | Protection Action”). Disputes include matters arising as initial claims, counte | > | Protection Action”). Disputes include matters arising as initial claims, counte | ||
| > | r‐claims, cross-claims, third-party claims, or otherwise. | > | r‐claims, cross-claims, third-party claims, or otherwise. | ||
| n | 2948 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 2944 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice to [email protected], | > | for all purposes by sending an arbitration opt out notice to legal-opt-outs@gust | ||
| > | within thirty (30) days of the date of your electronic acceptance of these Membe | > | o.com, within thirty (30) days of the date of your electronic acceptance of thes | ||
| > | rs Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current Members, | > | e Members Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current M | ||
| > | within thirty (30) days of Gusto’s notice of modifications to these Members Ter | > | embers, within thirty (30) days of Gusto’s notice of modifications to these Memb | ||
| > | ms. Such Arbitration Opt-Out Notice must clearly state that you are rejecting ar | > | ers Terms. Such Arbitration Opt-Out Notice must clearly state that you are rejec | ||
| > | bitration; identify these Terms to which it applies by the effective date of the | > | ting arbitration; identify these Terms to which it applies by the effective date | ||
| > | Terms; and provide your name and address. If you don’t provide Gusto with a com | > | of the Terms; and provide your name and address. If you don’t provide Gusto wit | ||
| > | pleted Arbitration Opt-Out Notice within the thirty (30) day period, you will be | > | h a completed Arbitration Opt-Out Notice within the thirty (30) day period, you | ||
| > | deemed to have knowingly and intentionally waived your right to litigate any Di | > | will be deemed to have knowingly and intentionally waived your right to litigate | ||
| > | spute except with regard to a Small Claims Action or an IP Protection Action, as | > | any Dispute except with regard to a Small Claims Action or an IP Protection Act | ||
| > | expressly set forth in Section 16.B above. Your opt-out will be effective only | > | ion, as expressly set forth in Section 16.B above. Your opt-out will be effectiv | ||
| > | for Disputes that arise after acceptance of the Terms, or the effective date of | > | e only for Disputes that arise after acceptance of the Terms, or the effective d | ||
| > | the updated Terms for which you have submitted an Arbitration Opt-Out Notice (wh | > | ate of the updated Terms for which you have submitted an Arbitration Opt-Out Not | ||
| > | ichever is later). | > | ice (whichever is later). | ||
| 2949 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 2945 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 2950 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 2946 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 2951 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 2947 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 2964 | Notices. Any notices or other communications provided by Gusto under this Agreem | 2960 | Notices. Any notices or other communications provided by Gusto under this Agreem | ||
| > | ent, including those regarding modifications to this Agreement, will be given: ( | > | ent, including those regarding modifications to this Agreement, will be given: ( | ||
| > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | ||
| > | e date of receipt will be deemed the date on which such notice is given. For not | > | e date of receipt will be deemed the date on which such notice is given. For not | ||
| > | ices made by posting to the Platform, the date of such posting will be deemed th | > | ices made by posting to the Platform, the date of such posting will be deemed th | ||
| > | e date that notice is given. | > | e date that notice is given. | ||
| 2965 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | 2961 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | ||
| > | greement will not be considered a waiver of such right or provision. The waiver | > | greement will not be considered a waiver of such right or provision. The waiver | ||
| > | of any such right or provision will be effective only if in writing and signed b | > | of any such right or provision will be effective only if in writing and signed b | ||
| > | y a duly authorized representative of Gusto. Except as expressly set forth in th | > | y a duly authorized representative of Gusto. Except as expressly set forth in th | ||
| > | is Agreement, the exercise by either party of any of its remedies under this Agr | > | is Agreement, the exercise by either party of any of its remedies under this Agr | ||
| > | eement will be without prejudice to its other remedies under this Agreement or o | > | eement will be without prejudice to its other remedies under this Agreement or o | ||
| > | therwise. | > | therwise. | ||
| 2966 | 20. Contact Information | 2962 | 20. Contact Information | ||
| n | 2967 | If Member has any questions about this Agreement or the Member Services, Member | n | 2963 | If Member has any questions about this Agreement or the Member Services, Member |
| > | may contact Gusto at [email protected]. Gusto will not be able to accept Member | > | may contact Gusto at support@gusto.com. Gusto will not be able to accept Member | ||
| > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | ||
| > | California resident, Member may report complaints regarding the Member Services | > | California resident, Member may report complaints regarding the Member Services | ||
| > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | ||
| > | s of the California Department of Consumer Affairs at: | > | s of the California Department of Consumer Affairs at: | ||
| 2968 | Department of Consumer Affairs | 2964 | Department of Consumer Affairs | ||
| 2969 | Consumer Information Division | 2965 | Consumer Information Division | ||
| 2970 | 1625 North Market Blvd., Suite N 112 | 2966 | 1625 North Market Blvd., Suite N 112 | ||
| 3046 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3042 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | > | PROVISION AS PROVIDED IN SECTION 16.D BELOW. | ||
| 3047 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | 3043 | Informal Dispute Resolution. As used in this Section 16, “Dispute” includes any | ||
| > | past, present, or future dispute, claim, or controversy relating to or arising o | > | past, present, or future dispute, claim, or controversy relating to or arising o | ||
| > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | > | ut of this Agreement, the Platform or Services, whether in law, equity, or other | ||
| > | wise, including the validity or enforceability of this Section 16 or the Agreeme | > | wise, including the validity or enforceability of this Section 16 or the Agreeme | ||
| > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | > | nt. If a Dispute arises, our goal is to learn about and address your concerns an | ||
| > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | > | d, if we are unable to do so to your satisfaction, to provide you with a neutral | ||
| > | and cost effective means of resolving the dispute quickly. You agree that befor | > | and cost effective means of resolving the dispute quickly. You agree that befor | ||
| > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | > | e filing any Dispute in arbitration or, for an excluded matter, in court, you wi | ||
| > | ll try to resolve the specific issue underlying the Dispute informally by contac | > | ll try to resolve the specific issue underlying the Dispute informally by contac | ||
| > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | > | ting our customer service team. Similarly, Gusto will undertake reasonable effor | ||
| > | ts to contact you to resolve any Dispute we may have informally before taking an | > | ts to contact you to resolve any Dispute we may have informally before taking an | ||
| > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | > | y formal action. If a Dispute is not resolved within sixty (60) days after you c | ||
| > | ontact our customer service team, you or Gusto may initiate an arbitration proce | > | ontact our customer service team, you or Gusto may initiate an arbitration proce | ||
| > | eding for Disputes as described below. | > | eding for Disputes as described below. | ||
| 3048 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3044 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 16 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 16.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, the misappropriation or violation of a party’s copyrights, | > | atened infringement, the misappropriation or violation of a party’s copyrights, | ||
| > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | > | trademarks, trade secrets, patents or other intellectual property rights (an “IP | ||
| > | Protection Action”). Disputes include matters arising as initial claims, counte | > | Protection Action”). Disputes include matters arising as initial claims, counte | ||
| > | r‐claims, cross-claims, third-party claims, or otherwise. | > | r‐claims, cross-claims, third-party claims, or otherwise. | ||
| n | 3049 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3045 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice to [email protected], | > | for all purposes by sending an arbitration opt out notice to legal-opt-outs@gust | ||
| > | within thirty (30) days of the date of your electronic acceptance of these Membe | > | o.com, within thirty (30) days of the date of your electronic acceptance of thes | ||
| > | rs Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current Members, | > | e Members Terms (such notice, an “Arbitration Opt-Out Notice”) or, for current M | ||
| > | within thirty (30) days of Gusto’s notice of modifications to these Members Ter | > | embers, within thirty (30) days of Gusto’s notice of modifications to these Memb | ||
| > | ms. Such Arbitration Opt-Out Notice must clearly state that you are rejecting ar | > | ers Terms. Such Arbitration Opt-Out Notice must clearly state that you are rejec | ||
| > | bitration; identify these Terms to which it applies by the effective date of the | > | ting arbitration; identify these Terms to which it applies by the effective date | ||
| > | Terms; and provide your name and address. If you don’t provide Gusto with a com | > | of the Terms; and provide your name and address. If you don’t provide Gusto wit | ||
| > | pleted Arbitration Opt-Out Notice within the thirty (30) day period, you will be | > | h a completed Arbitration Opt-Out Notice within the thirty (30) day period, you | ||
| > | deemed to have knowingly and intentionally waived your right to litigate any Di | > | will be deemed to have knowingly and intentionally waived your right to litigate | ||
| > | spute except with regard to a Small Claims Action or an IP Protection Action, as | > | any Dispute except with regard to a Small Claims Action or an IP Protection Act | ||
| > | expressly set forth in Section 16.B above. Your opt-out will be effective only | > | ion, as expressly set forth in Section 16.B above. Your opt-out will be effectiv | ||
| > | for Disputes that arise after acceptance of the Terms, or the effective date of | > | e only for Disputes that arise after acceptance of the Terms, or the effective d | ||
| > | the updated Terms for which you have submitted an Arbitration Opt-Out Notice (wh | > | ate of the updated Terms for which you have submitted an Arbitration Opt-Out Not | ||
| > | ichever is later). | > | ice (whichever is later). | ||
| 3050 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3046 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 16 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3051 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3047 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 16. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3052 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3048 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 16.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3065 | Notices. Any notices or other communications provided by Gusto under this Agreem | 3061 | Notices. Any notices or other communications provided by Gusto under this Agreem | ||
| > | ent, including those regarding modifications to this Agreement, will be given: ( | > | ent, including those regarding modifications to this Agreement, will be given: ( | ||
| > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | > | i) via email; or (ii) by posting to the Platform. For notices made by e-mail, th | ||
| > | e date of receipt will be deemed the date on which such notice is given. For not | > | e date of receipt will be deemed the date on which such notice is given. For not | ||
| > | ices made by posting to the Platform, the date of such posting will be deemed th | > | ices made by posting to the Platform, the date of such posting will be deemed th | ||
| > | e date that notice is given. | > | e date that notice is given. | ||
| 3066 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | 3062 | Waiver and Remedies. Gusto’s failure to enforce any right or provision of this A | ||
| > | greement will not be considered a waiver of such right or provision. The waiver | > | greement will not be considered a waiver of such right or provision. The waiver | ||
| > | of any such right or provision will be effective only if in writing and signed b | > | of any such right or provision will be effective only if in writing and signed b | ||
| > | y a duly authorized representative of Gusto. Except as expressly set forth in th | > | y a duly authorized representative of Gusto. Except as expressly set forth in th | ||
| > | is Agreement, the exercise by either party of any of its remedies under this Agr | > | is Agreement, the exercise by either party of any of its remedies under this Agr | ||
| > | eement will be without prejudice to its other remedies under this Agreement or o | > | eement will be without prejudice to its other remedies under this Agreement or o | ||
| > | therwise. | > | therwise. | ||
| 3067 | 20. Contact Information | 3063 | 20. Contact Information | ||
| n | 3068 | If Member has any questions about this Agreement or the Member Services, Member | n | 3064 | If Member has any questions about this Agreement or the Member Services, Member |
| > | may contact Gusto at [email protected]. Gusto will not be able to accept Member | > | may contact Gusto at support@gusto.com. Gusto will not be able to accept Member | ||
| > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | > | questions, Feedback, or complaints at Gusto’s physical locations. If Member is a | ||
| > | California resident, Member may report complaints regarding the Member Services | > | California resident, Member may report complaints regarding the Member Services | ||
| > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | > | by contacting the Complaint Assistance Unit of the Division of Consumer Service | ||
| > | s of the California Department of Consumer Affairs at: | > | s of the California Department of Consumer Affairs at: | ||
| 3069 | Department of Consumer Affairs | 3065 | Department of Consumer Affairs | ||
| 3070 | Consumer Information Division | 3066 | Consumer Information Division | ||
| 3071 | 1625 North Market Blvd., Suite N 112 | 3067 | 1625 North Market Blvd., Suite N 112 | ||
| 3232 | 28. Electronic Transmission | 3228 | 28. Electronic Transmission | ||
| 3233 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | 3229 | This Agreement, and any amendments hereto, by whatever means accepted, shall be | ||
| > | treated in all manner and respects as an original contract and shall be consider | > | treated in all manner and respects as an original contract and shall be consider | ||
| > | ed to have the same binding legal effect as if it were an original signed versio | > | ed to have the same binding legal effect as if it were an original signed versio | ||
| > | n thereof, delivered in person. Neither party hereto shall argue that a contract | > | n thereof, delivered in person. Neither party hereto shall argue that a contract | ||
| > | was not formed hereunder based on either (i) the use of electronic means to del | > | was not formed hereunder based on either (i) the use of electronic means to del | ||
| > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | > | iver a signature or to indicate acceptance of this Agreement or (ii) the fact th | ||
| > | at any signature or acceptance of this Agreement was transmitted or communicated | > | at any signature or acceptance of this Agreement was transmitted or communicated | ||
| > | through electronic means; and each party forever waives any related defense. | > | through electronic means; and each party forever waives any related defense. | ||
| 3234 | 29. Contact Information | 3230 | 29. Contact Information | ||
| n | 3235 | If User has any questions about this Agreement, the Platform, or the Services, U | n | 3231 | If User has any questions about this Agreement, the Platform, or the Services, U |
| > | ser may contact Gusto at [email protected] or (855) 546-1818. Gusto, the provide | > | ser may contact Gusto at support@gusto.com or (855) 546-1818. Gusto, the provide | ||
| > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | > | r of the Services, is located at 525 20th Street San Francisco, CA 94107. If Use | ||
| > | r is a California resident, User may report complaints regarding the Services by | > | r is a California resident, User may report complaints regarding the Services by | ||
| > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | > | contacting the Complaint Assistance Unit of the Division of Consumer Services o | ||
| > | f the California Department of Consumer Affairs at: | > | f the California Department of Consumer Affairs at: | ||
| 3236 | Department of Consumer Affairs | 3232 | Department of Consumer Affairs | ||
| 3237 | Consumer Information Division | 3233 | Consumer Information Division | ||
| 3238 | 1625 North Market Blvd., Suite N 112 | 3234 | 1625 North Market Blvd., Suite N 112 | ||
| 3333 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3329 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3334 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3330 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3335 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3331 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3336 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3332 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3337 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3333 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3338 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3334 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3339 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3335 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3426 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3422 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3427 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3423 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3428 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3424 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3429 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3425 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3430 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3426 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3431 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3427 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3432 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3428 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3521 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3517 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3522 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3518 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3523 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3519 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3524 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3520 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3525 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3521 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3526 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3522 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3527 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3523 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3615 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3611 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3616 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3612 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3617 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3613 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3618 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3614 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3619 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3615 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3620 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3616 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3621 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3617 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3709 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3705 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3710 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3706 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3711 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3707 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3712 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3708 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3713 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3709 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3714 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3710 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3715 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3711 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3803 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | 3799 | PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG | ||
| > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | > | OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PR | ||
| > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | > | OVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DI | ||
| > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | > | SPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS | ||
| > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | > | PROVISION AS PROVIDED IN SECTION 12.C BELOW. | ||
| 3804 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | 3800 | Informal Dispute Resolution. “Dispute” includes any past, present, or future dis | ||
| > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | > | pute, claim (including initial claims, counter-claims, third-party claims, or ot | ||
| > | herwise), or controversy relating to or arising out of this Agreement, the Platf | > | herwise), or controversy relating to or arising out of this Agreement, the Platf | ||
| > | orm or Services, whether in law, equity, or otherwise, including the validity or | > | orm or Services, whether in law, equity, or otherwise, including the validity or | ||
| > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | > | enforceability of this Section 12 or the Agreement. If a Dispute arises, our go | ||
| > | al is to learn about and address your concerns and, if we are unable to do so to | > | al is to learn about and address your concerns and, if we are unable to do so to | ||
| > | your satisfaction, to provide a neutral and cost effective means of resolving t | > | your satisfaction, to provide a neutral and cost effective means of resolving t | ||
| > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | > | he Dispute quickly. Before filing any Dispute in arbitration or, for an excluded | ||
| > | matter, in court, you will try to resolve the specific issue underlying the Dis | > | matter, in court, you will try to resolve the specific issue underlying the Dis | ||
| > | pute informally by contacting our customer service team. We will also undertake | > | pute informally by contacting our customer service team. We will also undertake | ||
| > | reasonable efforts to contact you to resolve any Dispute informally before takin | > | reasonable efforts to contact you to resolve any Dispute informally before takin | ||
| > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | > | g any formal action. If your Dispute is not resolved within sixty (60) days afte | ||
| > | r you contact our customer service team, you or Gusto may initiate a formal acti | > | r you contact our customer service team, you or Gusto may initiate a formal acti | ||
| > | on as described in this Section 12. | > | on as described in this Section 12. | ||
| 3805 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | 3801 | Election to Arbitrate. You and Gusto agree that the sole and exclusive forum for | ||
| > | resolution of a Dispute will be final and binding arbitration pursuant to this | > | resolution of a Dispute will be final and binding arbitration pursuant to this | ||
| > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | > | Section 12 (the “Arbitration Provision”), unless you opt out as provided in Sect | ||
| > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | > | ion 12.C below or your Dispute is subject to an explicit exception to this Arbit | ||
| > | ration Provision. The scope of this Arbitration Provision is to be given the bro | > | ration Provision. The scope of this Arbitration Provision is to be given the bro | ||
| > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | > | adest possible interpretation that is enforceable. Notwithstanding the foregoing | ||
| > | , both you and Gusto retain the right: (1) to bring an individual action in smal | > | , both you and Gusto retain the right: (1) to bring an individual action in smal | ||
| > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | > | l claims court (a “Small Claims Action”); or (2) to seek injunctive or other equ | ||
| > | itable relief in a court of competent jurisdiction to prevent the actual or thre | > | itable relief in a court of competent jurisdiction to prevent the actual or thre | ||
| > | atened infringement, misappropriation or violation of a party’s intellectual pro | > | atened infringement, misappropriation or violation of a party’s intellectual pro | ||
| > | perty rights (an “IP Protection Action”). | > | perty rights (an “IP Protection Action”). | ||
| n | 3806 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision | n | 3802 | Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision |
| > | for all purposes by sending an arbitration opt out notice as described below wit | > | for all purposes by sending an arbitration opt out notice as described below wit | ||
| > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | > | hin thirty (30) days of the date of your electronic acceptance of these Terms (s | ||
| > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | > | uch notice, an “Arbitration Opt-Out Notice”) or, for current Accountants, within | ||
| > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | > | thirty (30) days of Gusto’s notice of modifications to these Terms. For your co | ||
| > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | > | nvenience we have provided a form Arbitration Opt-Out Notice www.gusto.com/legal | ||
| > | /opt-out. Please complete and email the completed form, including all required f | > | /opt-out. Please complete and email the completed form, including all required f | ||
| > | ields, to [email protected]. If you don’t provide Gusto with a completed Arbitra | > | ields, to legal-opt-outs@gusto.com. If you don’t provide Gusto with a completed | ||
| > | tion Opt-Out Notice within the thirty (30) day period, you will be deemed to hav | > | Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed | ||
| > | e knowingly and intentionally waived your right to litigate any Dispute except w | > | to have knowingly and intentionally waived your right to litigate any Dispute e | ||
| > | ith regard to a Small Claims Action or an IP Protection Action, as expressly set | > | xcept with regard to a Small Claims Action or an IP Protection Action, as expres | ||
| > | forth in Section 12.B above. Your opt-out will be effective only for Disputes t | > | sly set forth in Section 12.B above. Your opt-out will be effective only for Dis | ||
| > | hat arise after acceptance of the Terms, or the effective date of the updated Te | > | putes that arise after acceptance of the Terms, or the effective date of the upd | ||
| > | rms for which you have submitted an Arbitration Opt-Out Notice (whichever is lat | > | ated Terms for which you have submitted an Arbitration Opt-Out Notice (whichever | ||
| > | er). | > | is later). | ||
| 3807 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | 3803 | Judicial Forum for Disputes. In the event that (i) you or we bring a Small Claim | ||
| > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | > | s Action, or IP Protection Action; (ii) you timely provide Gusto with an Arbitra | ||
| > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | > | tion Opt-out Notice; or (iii) this Section 12 is found not to apply, the exclusi | ||
| > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | > | ve jurisdiction and venue of any Dispute will be the state and federal courts lo | ||
| > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | > | cated in the County of San Francisco, CA and you and Gusto waive any objection t | ||
| > | o jurisdiction and venue in such courts. You and we both further agree to waive | > | o jurisdiction and venue in such courts. You and we both further agree to waive | ||
| > | our right to a jury trial. | > | our right to a jury trial. | ||
| 3808 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | 3804 | WAIVER OF RIGHT TO LITIGATE. YOU UNDERSTAND THAT YOU WILL NOT HAVE A RIGHT TO LI | ||
| > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | > | TIGATE DISPUTES THROUGH A COURT BEFORE A JUDGE UNLESS YOU TIMELY PROVIDE GUSTO W | ||
| > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | > | ITH AN ARBITRATION OPT-OUT NOTICE. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY | ||
| > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | > | WAIVE THEIR RIGHTS TO LITIGATE DISPUTES IN A COURT BEFORE A JUDGE OR JURY UPON E | ||
| > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | > | LECTION OF ARBITRATION BY ANY PARTY, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12. | ||
| > | B ABOVE. | > | B ABOVE. | ||
| 3809 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | 3805 | NO CLASS ACTIONS. You and Gusto agree that the arbitration of any Dispute shall | ||
| > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | > | only proceed on an individual basis. Neither you nor Gusto may bring a Dispute a | ||
| > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | > | s a part of a class, group, collective, coordinated, consolidated or mass arbitr | ||
| > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | > | ation (each, a “Collective Arbitration”). Without limiting the generality of the | ||
| > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | > | foregoing, a Dispute against Gusto will be deemed a Collective Arbitration if ( | ||
| > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | > | i) two (2) or more similar Disputes for arbitration are filed concurrently by or | ||
| > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | > | on behalf of one or more claimants; and (ii) counsel for the claimants are the | ||
| > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | > | same, share fees or coordinate across the arbitrations. “Concurrently” for purpo | ||
| > | ses of this provision means that both arbitrations are pending (filed but not ye | > | ses of this provision means that both arbitrations are pending (filed but not ye | ||
| > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | > | t resolved) at the same time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, | ||
| > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | > | NEITHER YOU NOR GUSTO SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISP | ||
| > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | > | UTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY D | ||
| > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | > | ISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A C | ||
| > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | > | LASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE, | ||
| > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | > | ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHA | ||
| > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | > | LLENGE TO THE VALIDITY OF THIS SECTION 12.F SHALL BE DETERMINED EXCLUSIVELY BY T | ||
| > | HE ARBITRATOR. | > | HE ARBITRATOR. | ||
| 3859 | Last Updated: July 11, 2025 | 3855 | Last Updated: July 11, 2025 | ||
| 3860 | Effective Date: July 11, 2025 | 3856 | Effective Date: July 11, 2025 | ||
| 3861 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | 3857 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | ||
| > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | ||
| > | your personal information for our own purposes as a “controller” or “business” | > | your personal information for our own purposes as a “controller” or “business” | ||
| > | when you interact with Gusto’s people platform, including our applications, webs | > | when you interact with Gusto’s people platform, including our applications, webs | ||
| > | ites, software, and support services (the “Platform”) through which we offer pro | > | ites, software, and support services (the “Platform”) through which we offer pro | ||
| > | ducts and services (“Services”) to end users directly or through a third party p | > | ducts and services (“Services”) to end users directly or through a third party p | ||
| > | rogram. | > | rogram. | ||
| n | 3862 | We recognize that privacy is an ongoing responsibility, and so we will update th | n | 3858 | We recognize that privacy is an ongoing responsibility, and so we will update th |
| > | is Privacy Notice as we undertake new personal information practices or adopt ne | > | is Privacy Notice as we undertake new personal information practices or adopt ne | ||
| > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | ||
| > | ’s data-handling practices, please contact [email protected]. By accessing or us | > | ’s data-handling practices, please contact privacy@gusto.com. By accessing or us | ||
| > | ing our Platform or Services, you acknowledge that you have read this Privacy No | > | ing our Platform or Services, you acknowledge that you have read this Privacy No | ||
| > | tice and agree to our privacy practices. | > | tice and agree to our privacy practices. | ||
| 3863 | Where This Notice Applies | 3859 | Where This Notice Applies | ||
| 3864 | This Privacy Notice applies when you: | 3860 | This Privacy Notice applies when you: | ||
| 3865 | access, visit, interact with, or use Gusto’s Platform or Services; | 3861 | access, visit, interact with, or use Gusto’s Platform or Services; | ||
| 3990 | Attn: Legal Privacy | 3986 | Attn: Legal Privacy | ||
| 3991 | 525 20th Street | 3987 | 525 20th Street | ||
| 3992 | San Francisco, CA 94107 | 3988 | San Francisco, CA 94107 | ||
| n | 3993 | [email protected] | n | 3989 | privacy@gusto.com |
| 3994 | Changes to This Privacy Notice | 3990 | Changes to This Privacy Notice | ||
| 3995 | This Privacy Notice may be modified or revised from time to time. We will notify | 3991 | This Privacy Notice may be modified or revised from time to time. We will notify | ||
| > | you of any material changes to this Privacy Notice as required by law. Changes | > | you of any material changes to this Privacy Notice as required by law. Changes | ||
| > | to this Privacy Notice will be posted on the website where this appears. The “La | > | to this Privacy Notice will be posted on the website where this appears. The “La | ||
| > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | ||
| > | hen this Privacy Notice was last revised and its effective date respectively. We | > | hen this Privacy Notice was last revised and its effective date respectively. We | ||
| > | recommend you review this Privacy Notice periodically. | > | recommend you review this Privacy Notice periodically. | ||
| 3996 | Additional Notice to California Consumers | 3992 | Additional Notice to California Consumers | ||
| 4010 | Last Updated: July 11, 2025 | 4006 | Last Updated: July 11, 2025 | ||
| 4011 | Effective Date: July 11, 2025 | 4007 | Effective Date: July 11, 2025 | ||
| 4012 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | 4008 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | ||
| > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | ||
| > | your personal information for our own purposes as a “controller” or “business” | > | your personal information for our own purposes as a “controller” or “business” | ||
| > | when you interact with Gusto’s people platform, including our applications, webs | > | when you interact with Gusto’s people platform, including our applications, webs | ||
| > | ites, software, and support services (the “Platform”) through which we offer pro | > | ites, software, and support services (the “Platform”) through which we offer pro | ||
| > | ducts and services (“Services”) to end users directly or through a third party p | > | ducts and services (“Services”) to end users directly or through a third party p | ||
| > | rogram. | > | rogram. | ||
| n | 4013 | We recognize that privacy is an ongoing responsibility, and so we will update th | n | 4009 | We recognize that privacy is an ongoing responsibility, and so we will update th |
| > | is Privacy Notice as we undertake new personal information practices or adopt ne | > | is Privacy Notice as we undertake new personal information practices or adopt ne | ||
| > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | ||
| > | ’s data-handling practices, please contact [email protected]. By accessing or us | > | ’s data-handling practices, please contact privacy@gusto.com. By accessing or us | ||
| > | ing our Platform or Services, you acknowledge that you have read this Privacy No | > | ing our Platform or Services, you acknowledge that you have read this Privacy No | ||
| > | tice and agree to our privacy practices. | > | tice and agree to our privacy practices. | ||
| 4014 | Where This Notice Applies | 4010 | Where This Notice Applies | ||
| 4015 | This Privacy Notice applies when you: | 4011 | This Privacy Notice applies when you: | ||
| 4016 | access, visit, interact with, or use Gusto’s Platform or Services; | 4012 | access, visit, interact with, or use Gusto’s Platform or Services; | ||
| 4141 | Attn: Legal Privacy | 4137 | Attn: Legal Privacy | ||
| 4142 | 525 20th Street | 4138 | 525 20th Street | ||
| 4143 | San Francisco, CA 94107 | 4139 | San Francisco, CA 94107 | ||
| n | 4144 | [email protected] | n | 4140 | privacy@gusto.com |
| 4145 | Changes to This Privacy Notice | 4141 | Changes to This Privacy Notice | ||
| 4146 | This Privacy Notice may be modified or revised from time to time. We will notify | 4142 | This Privacy Notice may be modified or revised from time to time. We will notify | ||
| > | you of any material changes to this Privacy Notice as required by law. Changes | > | you of any material changes to this Privacy Notice as required by law. Changes | ||
| > | to this Privacy Notice will be posted on the website where this appears. The “La | > | to this Privacy Notice will be posted on the website where this appears. The “La | ||
| > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | ||
| > | hen this Privacy Notice was last revised and its effective date respectively. We | > | hen this Privacy Notice was last revised and its effective date respectively. We | ||
| > | recommend you review this Privacy Notice periodically. | > | recommend you review this Privacy Notice periodically. | ||
| 4147 | Additional Notice to California Consumers | 4143 | Additional Notice to California Consumers | ||
| 4161 | Last Updated: July 11, 2025 | 4157 | Last Updated: July 11, 2025 | ||
| 4162 | Effective Date: July 11, 2025 | 4158 | Effective Date: July 11, 2025 | ||
| 4163 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | 4159 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | ||
| > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | ||
| > | your personal information for our own purposes as a “controller” or “business” | > | your personal information for our own purposes as a “controller” or “business” | ||
| > | when you interact with Gusto’s people platform, including our applications, webs | > | when you interact with Gusto’s people platform, including our applications, webs | ||
| > | ites, software, and support services (the “Platform”) through which we offer pro | > | ites, software, and support services (the “Platform”) through which we offer pro | ||
| > | ducts and services (“Services”) to end users directly or through a third party p | > | ducts and services (“Services”) to end users directly or through a third party p | ||
| > | rogram. | > | rogram. | ||
| n | 4164 | We recognize that privacy is an ongoing responsibility, and so we will update th | n | 4160 | We recognize that privacy is an ongoing responsibility, and so we will update th |
| > | is Privacy Notice as we undertake new personal information practices or adopt ne | > | is Privacy Notice as we undertake new personal information practices or adopt ne | ||
| > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | ||
| > | ’s data-handling practices, please contact [email protected]. By accessing or us | > | ’s data-handling practices, please contact privacy@gusto.com. By accessing or us | ||
| > | ing our Platform or Services, you acknowledge that you have read this Privacy No | > | ing our Platform or Services, you acknowledge that you have read this Privacy No | ||
| > | tice and agree to our privacy practices. | > | tice and agree to our privacy practices. | ||
| 4165 | Where This Notice Applies | 4161 | Where This Notice Applies | ||
| 4166 | This Privacy Notice applies when you: | 4162 | This Privacy Notice applies when you: | ||
| 4167 | access, visit, interact with, or use Gusto’s Platform or Services; | 4163 | access, visit, interact with, or use Gusto’s Platform or Services; | ||
| 4292 | Attn: Legal Privacy | 4288 | Attn: Legal Privacy | ||
| 4293 | 525 20th Street | 4289 | 525 20th Street | ||
| 4294 | San Francisco, CA 94107 | 4290 | San Francisco, CA 94107 | ||
| n | 4295 | [email protected] | n | 4291 | privacy@gusto.com |
| 4296 | Changes to This Privacy Notice | 4292 | Changes to This Privacy Notice | ||
| 4297 | This Privacy Notice may be modified or revised from time to time. We will notify | 4293 | This Privacy Notice may be modified or revised from time to time. We will notify | ||
| > | you of any material changes to this Privacy Notice as required by law. Changes | > | you of any material changes to this Privacy Notice as required by law. Changes | ||
| > | to this Privacy Notice will be posted on the website where this appears. The “La | > | to this Privacy Notice will be posted on the website where this appears. The “La | ||
| > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | ||
| > | hen this Privacy Notice was last revised and its effective date respectively. We | > | hen this Privacy Notice was last revised and its effective date respectively. We | ||
| > | recommend you review this Privacy Notice periodically. | > | recommend you review this Privacy Notice periodically. | ||
| 4298 | Additional Notice to California Consumers | 4294 | Additional Notice to California Consumers | ||
| 4312 | Last Updated: July 11, 2025 | 4308 | Last Updated: July 11, 2025 | ||
| 4313 | Effective Date: July 11, 2025 | 4309 | Effective Date: July 11, 2025 | ||
| 4314 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | 4310 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | ||
| > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | ||
| > | your personal information for our own purposes as a “controller” or “business” | > | your personal information for our own purposes as a “controller” or “business” | ||
| > | when you interact with Gusto’s people platform, including our applications, webs | > | when you interact with Gusto’s people platform, including our applications, webs | ||
| > | ites, software, and support services (the “Platform”) through which we offer pro | > | ites, software, and support services (the “Platform”) through which we offer pro | ||
| > | ducts and services (“Services”) to end users directly or through a third party p | > | ducts and services (“Services”) to end users directly or through a third party p | ||
| > | rogram. | > | rogram. | ||
| n | 4315 | We recognize that privacy is an ongoing responsibility, and so we will update th | n | 4311 | We recognize that privacy is an ongoing responsibility, and so we will update th |
| > | is Privacy Notice as we undertake new personal information practices or adopt ne | > | is Privacy Notice as we undertake new personal information practices or adopt ne | ||
| > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | ||
| > | ’s data-handling practices, please contact [email protected]. By accessing or us | > | ’s data-handling practices, please contact privacy@gusto.com. By accessing or us | ||
| > | ing our Platform or Services, you acknowledge that you have read this Privacy No | > | ing our Platform or Services, you acknowledge that you have read this Privacy No | ||
| > | tice and agree to our privacy practices. | > | tice and agree to our privacy practices. | ||
| 4316 | 1. Where This Notice Applies | 4312 | 1. Where This Notice Applies | ||
| 4317 | 2. Personal Information We Collect | 4313 | 2. Personal Information We Collect | ||
| 4318 | 3. How We Use Personal Information | 4314 | 3. How We Use Personal Information | ||
| 4457 | Attn: Legal Privacy | 4453 | Attn: Legal Privacy | ||
| 4458 | 525 20th Street | 4454 | 525 20th Street | ||
| 4459 | San Francisco, CA 94107 | 4455 | San Francisco, CA 94107 | ||
| n | 4460 | [email protected] | n | 4456 | privacy@gusto.com |
| 4461 | Changes to This Privacy Notice | 4457 | Changes to This Privacy Notice | ||
| 4462 | This Privacy Notice may be modified or revised from time to time. We will notify | 4458 | This Privacy Notice may be modified or revised from time to time. We will notify | ||
| > | you of any material changes to this Privacy Notice as required by law. Changes | > | you of any material changes to this Privacy Notice as required by law. Changes | ||
| > | to this Privacy Notice will be posted on the website where this appears. The “La | > | to this Privacy Notice will be posted on the website where this appears. The “La | ||
| > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | ||
| > | hen this Privacy Notice was last revised and its effective date respectively. We | > | hen this Privacy Notice was last revised and its effective date respectively. We | ||
| > | recommend you review this Privacy Notice periodically. | > | recommend you review this Privacy Notice periodically. | ||
| 4463 | Additional Notice to California Consumers | 4459 | Additional Notice to California Consumers | ||
| 4477 | Last Updated: July 10, 2025 | 4473 | Last Updated: July 10, 2025 | ||
| 4478 | Effective Date: July 10, 2025 | 4474 | Effective Date: July 10, 2025 | ||
| 4479 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | 4475 | The Gusto Privacy Notice describes how Gusto, Inc. and its subsidiaries and affi | ||
| > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | > | liates (collectively, "Gusto", "we", "us", or “our”), collects, uses, and shares | ||
| > | your personal information for our own purposes as a “controller” or “business” | > | your personal information for our own purposes as a “controller” or “business” | ||
| > | when you interact with Gusto’s people platform, including our applications, webs | > | when you interact with Gusto’s people platform, including our applications, webs | ||
| > | ites, software, and support services (the “Platform”) through which we offer pro | > | ites, software, and support services (the “Platform”) through which we offer pro | ||
| > | ducts and services (“Services”) to end users directly or through a third party p | > | ducts and services (“Services”) to end users directly or through a third party p | ||
| > | rogram. | > | rogram. | ||
| n | 4480 | We recognize that privacy is an ongoing responsibility, and so we will update th | n | 4476 | We recognize that privacy is an ongoing responsibility, and so we will update th |
| > | is Privacy Notice as we undertake new personal information practices or adopt ne | > | is Privacy Notice as we undertake new personal information practices or adopt ne | ||
| > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | > | w privacy policies. If you have any questions about this Privacy Notice or Gusto | ||
| > | ’s data-handling practices, please contact [email protected]. By accessing or us | > | ’s data-handling practices, please contact privacy@gusto.com. By accessing or us | ||
| > | ing our Platform or Services, you acknowledge that you have read this Privacy No | > | ing our Platform or Services, you acknowledge that you have read this Privacy No | ||
| > | tice and agree to our privacy practices. | > | tice and agree to our privacy practices. | ||
| 4481 | 1. Where This Notice Applies | 4477 | 1. Where This Notice Applies | ||
| 4482 | 2. Personal Information We Collect | 4478 | 2. Personal Information We Collect | ||
| 4483 | 3. How We Use Personal Information | 4479 | 3. How We Use Personal Information | ||
| 4622 | Attn: Legal Privacy | 4618 | Attn: Legal Privacy | ||
| 4623 | 525 20th Street | 4619 | 525 20th Street | ||
| 4624 | San Francisco, CA 94107 | 4620 | San Francisco, CA 94107 | ||
| n | 4625 | [email protected] | n | 4621 | privacy@gusto.com |
| 4626 | Changes to This Privacy Notice | 4622 | Changes to This Privacy Notice | ||
| 4627 | This Privacy Notice may be modified or revised from time to time. We will notify | 4623 | This Privacy Notice may be modified or revised from time to time. We will notify | ||
| > | you of any material changes to this Privacy Notice as required by law. Changes | > | you of any material changes to this Privacy Notice as required by law. Changes | ||
| > | to this Privacy Notice will be posted on the website where this appears. The “La | > | to this Privacy Notice will be posted on the website where this appears. The “La | ||
| > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | > | st Updated” date and the “Effective Date” at the top of this webpage indicates w | ||
| > | hen this Privacy Notice was last revised and its effective date respectively. We | > | hen this Privacy Notice was last revised and its effective date respectively. We | ||
| > | recommend you review this Privacy Notice periodically. | > | recommend you review this Privacy Notice periodically. | ||
| 4628 | Additional Notice to California Consumers | 4624 | Additional Notice to California Consumers | ||
| 5067 | Provide sufficient information that allows us to reasonably verify you are the p | 5063 | Provide sufficient information that allows us to reasonably verify you are the p | ||
| > | erson about whom we collected personal information or an authorized representati | > | erson about whom we collected personal information or an authorized representati | ||
| > | ve. | > | ve. | ||
| 5068 | Describe your request with sufficient detail that allows us to properly understa | 5064 | Describe your request with sufficient detail that allows us to properly understa | ||
| > | nd, evaluate, and respond to it. | > | nd, evaluate, and respond to it. | ||
| 5069 | Exercising Your Individual Privacy Rights | 5065 | Exercising Your Individual Privacy Rights | ||
| n | 5070 | To exercise any of the privacy rights afforded to you under applicable data prot | n | 5066 | To exercise any of the privacy rights afforded to you under applicable data prot |
| > | ection law, please submit a request to us by emailing us at [email protected] | > | ection law, please submit a request to us by emailing us at privacy@gusto.com | ||
| 5071 | Please use this link to submit your request: Consumer Request Portal | 5067 | Please use this link to submit your request: Consumer Request Portal | ||
| n | 5072 | California Residents: If you would like to opt out of sharing or the sales of yo | n | 5068 | California Residents: If you would like to opt out of sharing or the sales of yo |
| > | ur Personal Information, you may submit your opt-out request here or if you woul | > | ur Personal Information, you may submit your opt-out request here or if you woul | ||
| > | d like to limit the use of your sensitive Personal Information, you may submit y | > | d like to limit the use of your sensitive Personal Information, you may submit y | ||
| > | our request by emailing us at [email protected]. | > | our request by emailing us at privacy@gusto.com. | ||
| 5073 | Verification: We must verify your identity before fulfilling your requests. If w | 5069 | Verification: We must verify your identity before fulfilling your requests. If w | ||
| > | e cannot initially verify your identity, we may request additional information t | > | e cannot initially verify your identity, we may request additional information t | ||
| > | o complete the verification process. We will only use Personal Information provi | > | o complete the verification process. We will only use Personal Information provi | ||
| > | ded in a request to verify the requestor’s identity. If you are an authorized ag | > | ded in a request to verify the requestor’s identity. If you are an authorized ag | ||
| > | ent making a request on behalf of a California consumer, we will also need to ve | > | ent making a request on behalf of a California consumer, we will also need to ve | ||
| > | rify your identity, which may require proof of your written authorization or evi | > | rify your identity, which may require proof of your written authorization or evi | ||
| > | dence of a power of attorney. | > | dence of a power of attorney. | ||
| 5074 | We endeavor to respond to requests within the time period required by applicable | 5070 | We endeavor to respond to requests within the time period required by applicable | ||
| > | law. If we require more time, we will inform you of the reason and extension pe | > | law. If we require more time, we will inform you of the reason and extension pe | ||
| > | riod in writing. | > | riod in writing. | ||
| 5075 | If you have an account with us, we will deliver our written response to that acc | 5071 | If you have an account with us, we will deliver our written response to that acc | ||
| > | ount. If you do not have an account with us, we will deliver our written respons | > | ount. If you do not have an account with us, we will deliver our written respons | ||
| > | e by mail or electronically, at your option. | > | e by mail or electronically, at your option. | ||
| 5088 | Attn: Privacy Program Director | 5084 | Attn: Privacy Program Director | ||
| 5089 | 525 20th Street | 5085 | 525 20th Street | ||
| 5090 | San Francisco, CA 94107 | 5086 | San Francisco, CA 94107 | ||
| n | 5091 | [email protected] | n | 5087 | privacy@gusto.com |
| 5092 | Effective November 16th 2023 to November 16th 2023 | 5088 | Effective November 16th 2023 to November 16th 2023 | ||
| 5093 | Download | 5089 | Download | ||
| 5094 | Table of Contents | 5090 | Table of Contents | ||
| 5269 | Attn: Privacy Program Director | 5265 | Attn: Privacy Program Director | ||
| 5270 | 525 20th Street | 5266 | 525 20th Street | ||
| 5271 | San Francisco, CA 94107 | 5267 | San Francisco, CA 94107 | ||
| n | 5272 | [email protected] | n | 5268 | privacy@gusto.com |
| 5273 | +1 (800) 936-0383 | 5269 | +1 (800) 936-0383 | ||
| 5274 | Effective November 16th 2023 to November 16th 2023 | 5270 | Effective November 16th 2023 to November 16th 2023 | ||
| 5275 | Download | 5271 | Download | ||
| 5446 | Attn: Privacy Lead | 5442 | Attn: Privacy Lead | ||
| 5447 | 525 20th Street | 5443 | 525 20th Street | ||
| 5448 | San Francisco, CA 94107 | 5444 | San Francisco, CA 94107 | ||
| n | 5449 | [email protected] | n | 5445 | privacy@gusto.com |
| 5450 | +1 (800) 936-0383 | 5446 | +1 (800) 936-0383 | ||
| 5451 | Effective November 16th 2023 to November 16th 2023 | 5447 | Effective November 16th 2023 to November 16th 2023 | ||
| 5452 | Download | 5448 | Download | ||
| 5500 | We do not share information with third parties for their own direct marketing pu | 5496 | We do not share information with third parties for their own direct marketing pu | ||
| > | rposes. If we disclose any protected health information (as that term is defined | > | rposes. If we disclose any protected health information (as that term is defined | ||
| > | in 45 C.F.R. Part 160) to third parties, we will do so in accordance with the H | > | in 45 C.F.R. Part 160) to third parties, we will do so in accordance with the H | ||
| > | ealth Insurance Portability and Accountability Act, as amended (“HIPAA”), the He | > | ealth Insurance Portability and Accountability Act, as amended (“HIPAA”), the He | ||
| > | alth Information Technology for Economic and Clinical Health Act, as amended (“H | > | alth Information Technology for Economic and Clinical Health Act, as amended (“H | ||
| > | ITECH”), and any other applicable state and federal privacy and security laws, a | > | ITECH”), and any other applicable state and federal privacy and security laws, a | ||
| > | s they may be amended from time to time. | > | s they may be amended from time to time. | ||
| 5501 | 5. Your Choices | 5497 | 5. Your Choices | ||
| 5502 | Reviewing Your Information | 5498 | Reviewing Your Information | ||
| n | 5503 | You may review, update, or correct your personal information through your accoun | n | 5499 | You may review, update, or correct your personal information through your accoun |
| > | t or by contacting us at [email protected]. | > | t or by contacting us at support@gusto.com. | ||
| 5504 | Promotional Communications | 5500 | Promotional Communications | ||
| 5505 | You may unsubscribe from marketing and promotional emails that we send to you by | 5501 | You may unsubscribe from marketing and promotional emails that we send to you by | ||
| > | following the opt-out instructions contained in such emails or by unsubscribing | > | following the opt-out instructions contained in such emails or by unsubscribing | ||
| > | at https://go.gusto.com/pls-dont-leave-us.html. If you opt out of receiving mar | > | at https://go.gusto.com/pls-dont-leave-us.html. If you opt out of receiving mar | ||
| > | keting and promotional emails from us, we may still need to send you emails rela | > | keting and promotional emails from us, we may still need to send you emails rela | ||
| > | ted to your account and the Service. | > | ted to your account and the Service. | ||
| 5506 | Do Not Track | 5502 | Do Not Track | ||
| 5592 | 10. Changes to this Privacy Policy | 5588 | 10. Changes to this Privacy Policy | ||
| 5593 | Any information that we collect is subject to the Privacy Policy in effect at th | 5589 | Any information that we collect is subject to the Privacy Policy in effect at th | ||
| > | e time such information is collected. We may, however, modify and revise our Pri | > | e time such information is collected. We may, however, modify and revise our Pri | ||
| > | vacy Policy from time to time. If we make any material changes to this policy, w | > | vacy Policy from time to time. If we make any material changes to this policy, w | ||
| > | e will notify you of such changes by posting them on the Site, informing you thr | > | e will notify you of such changes by posting them on the Site, informing you thr | ||
| > | ough the Service, or sending you an email or other notification, and we will ind | > | ough the Service, or sending you an email or other notification, and we will ind | ||
| > | icate when such changes will become effective. By continuing to access or use th | > | icate when such changes will become effective. By continuing to access or use th | ||
| > | e Site or the Service after those changes become effective, you are agreeing to | > | e Site or the Service after those changes become effective, you are agreeing to | ||
| > | be bound by the revised policy. | > | be bound by the revised policy. | ||
| 5594 | 11. Contact Information | 5590 | 11. Contact Information | ||
| n | 5595 | Please contact us at [email protected] if you have any questions about our Priva | n | 5591 | Please contact us at privacy@gusto.com if you have any questions about our Priva |
| > | cy Policy and/or our privacy practices. | > | cy Policy and/or our privacy practices. | ||
| 5596 | Effective November 16th 2023 to November 16th 2023 | 5592 | Effective November 16th 2023 to November 16th 2023 | ||
| 5597 | Download | 5593 | Download | ||
| 5598 | Table of Contents | 5594 | Table of Contents | ||
| 5644 | We do not share information with third parties for their own direct marketing pu | 5640 | We do not share information with third parties for their own direct marketing pu | ||
| > | rposes. If we disclose any protected health information (as that term is defined | > | rposes. If we disclose any protected health information (as that term is defined | ||
| > | in 45 C.F.R. Part 160) to third parties, we will do so in accordance with the H | > | in 45 C.F.R. Part 160) to third parties, we will do so in accordance with the H | ||
| > | ealth Insurance Portability and Accountability Act, as amended (“HIPAA”), the He | > | ealth Insurance Portability and Accountability Act, as amended (“HIPAA”), the He | ||
| > | alth Information Technology for Economic and Clinical Health Act, as amended (“H | > | alth Information Technology for Economic and Clinical Health Act, as amended (“H | ||
| > | ITECH”), and any other applicable state and federal privacy and security laws, a | > | ITECH”), and any other applicable state and federal privacy and security laws, a | ||
| > | s they may be amended from time to time. | > | s they may be amended from time to time. | ||
| 5645 | 4. Your Choices | 5641 | 4. Your Choices | ||
| 5646 | Changing or Deleting Your Information | 5642 | Changing or Deleting Your Information | ||
| n | 5647 | You may review, update, correct or delete your personal information through your | n | 5643 | You may review, update, correct or delete your personal information through your |
| > | account or by contacting us using the contact information listed below. If you | > | account or by contacting us using the contact information listed below. If you | ||
| > | would like us to delete your account entirely, please contact us at [email prote | > | would like us to delete your account entirely, please contact us at support@gust | ||
| > | cted] with a request that we delete your personal information from our database. | > | o.com with a request that we delete your personal information from our database. | ||
| > | Please note that there may be some delay in the deletion of your data from our | > | Please note that there may be some delay in the deletion of your data from our | ||
| > | servers following your request. Additionally, we may retain some of your data as | > | servers following your request. Additionally, we may retain some of your data as | ||
| > | necessary to comply with our legal obligations, resolve disputes, enforce our a | > | necessary to comply with our legal obligations, resolve disputes, enforce our a | ||
| > | greements, or as needed for other legitimate business purposes. | > | greements, or as needed for other legitimate business purposes. | ||
| 5648 | Promotional Communications | 5644 | Promotional Communications | ||
| 5649 | You may unsubscribe from marketing and promotional emails that we send to you by | 5645 | You may unsubscribe from marketing and promotional emails that we send to you by | ||
| > | following the opt-out instructions contained in such emails or by unsubscribing | > | following the opt-out instructions contained in such emails or by unsubscribing | ||
| > | at https://go.gusto.com/pls-dont-leave-us.html. If you opt out of receiving mar | > | at https://go.gusto.com/pls-dont-leave-us.html. If you opt out of receiving mar | ||
| > | keting and promotional emails from us, we may still need to send you emails rela | > | keting and promotional emails from us, we may still need to send you emails rela | ||
| > | ted to your account and the Service. | > | ted to your account and the Service. | ||
| 5650 | Do Not Track | 5646 | Do Not Track | ||
| 5658 | 8. Changes to this Privacy Policy | 5654 | 8. Changes to this Privacy Policy | ||
| 5659 | Any information that we collect is subject to the Privacy Policy in effect at th | 5655 | Any information that we collect is subject to the Privacy Policy in effect at th | ||
| > | e time such information is collected. We may, however, modify and revise our Pri | > | e time such information is collected. We may, however, modify and revise our Pri | ||
| > | vacy Policy from time to time. If we make any material changes to this policy, w | > | vacy Policy from time to time. If we make any material changes to this policy, w | ||
| > | e will notify you of such changes by posting them on our Site, informing you thr | > | e will notify you of such changes by posting them on our Site, informing you thr | ||
| > | ough the Service, or sending you an email or other notification, and we will ind | > | ough the Service, or sending you an email or other notification, and we will ind | ||
| > | icate when such changes will become effective. By continuing to access or use ou | > | icate when such changes will become effective. By continuing to access or use ou | ||
| > | r Site or Service after those changes become effective, you are agreeing to be b | > | r Site or Service after those changes become effective, you are agreeing to be b | ||
| > | ound by the revised policy. | > | ound by the revised policy. | ||
| 5660 | 9. Contact Information | 5656 | 9. Contact Information | ||
| n | 5661 | Please contact us at [email protected] if you have any questions about our Priva | n | 5657 | Please contact us at support@gusto.com if you have any questions about our Priva |
| > | cy Policy. | > | cy Policy. | ||
| 5662 | Employer Data Processing Addendum | 5658 | Employer Data Processing Addendum | ||
| 5663 | Version | 5659 | Version | ||
| 5664 | Version 3.0 (Current) | 5660 | Version 3.0 (Current) | ||
| 5984 | Maintaining Accurate Contact Information. It is your responsibility to provide G | 5980 | Maintaining Accurate Contact Information. It is your responsibility to provide G | ||
| > | usto with an active and accurate email address and to promptly notify us of any | > | usto with an active and accurate email address and to promptly notify us of any | ||
| > | changes in this information. You can update your contact information (such as yo | > | changes in this information. You can update your contact information (such as yo | ||
| > | ur email address) through your Member Account. Gusto is not responsible for any | > | ur email address) through your Member Account. Gusto is not responsible for any | ||
| > | delay or failure of Communications that are sent to the email address that you h | > | delay or failure of Communications that are sent to the email address that you h | ||
| > | ave provided to us. | > | ave provided to us. | ||
| 5985 | Paper Copies. Gusto will not send paper copies of any Communications; however we | 5981 | Paper Copies. Gusto will not send paper copies of any Communications; however we | ||
| > | reserve the right, but assume no obligations, to provide a paper copy (instead | > | reserve the right, but assume no obligations, to provide a paper copy (instead | ||
| > | of electronic) of any Communication that you have authorized us to provide elect | > | of electronic) of any Communication that you have authorized us to provide elect | ||
| > | ronically. You should print or download for your records a copy of this Consent | > | ronically. You should print or download for your records a copy of this Consent | ||
| > | and any other Communication that is important to you. | > | and any other Communication that is important to you. | ||
| 5986 | Hardware and Software Requirements. You understand that to receive electronic de | 5982 | Hardware and Software Requirements. You understand that to receive electronic de | ||
| > | liveries, you must have Internet access, an internet browser that supports 128 b | > | liveries, you must have Internet access, an internet browser that supports 128 b | ||
| > | it encryption, a valid email address, the ability to download and have ongoing a | > | it encryption, a valid email address, the ability to download and have ongoing a | ||
| > | ccess to such applications as Gusto may specify, sufficient electronic storage c | > | ccess to such applications as Gusto may specify, sufficient electronic storage c | ||
| > | apacity on your computer’s hard drive or other data storage unit, and a printer | > | apacity on your computer’s hard drive or other data storage unit, and a printer | ||
| > | or other device to download and print or save any information you may wish to re | > | or other device to download and print or save any information you may wish to re | ||
| > | tain. Gusto will notify you of any changes in the hardware and software requirem | > | tain. Gusto will notify you of any changes in the hardware and software requirem | ||
| > | ents needed to access Communications covered by your consent in this section. By | > | ents needed to access Communications covered by your consent in this section. By | ||
| > | accessing the Gusto Services, you represent that you have the requisite hardwar | > | accessing the Gusto Services, you represent that you have the requisite hardwar | ||
| > | e and software to receive electronic Communications and to retain and print the | > | e and software to receive electronic Communications and to retain and print the | ||
| > | electronic Communications for your records. | > | electronic Communications for your records. | ||
| n | 5987 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu | n | 5983 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu |
| > | nications at any time by emailing [email protected] and referencing this E-Sign | > | nications at any time by emailing legal-opt-outs@gusto.com and referencing this | ||
| > | Consent. However, withdrawal of your consent to receive electronic Communication | > | E-Sign Consent. However, withdrawal of your consent to receive electronic Commun | ||
| > | s may result in termination of your access to Gusto Services. You understand tha | > | ications may result in termination of your access to Gusto Services. You underst | ||
| > | t your withdrawal of consent will become effective after we have had a reasonabl | > | and that your withdrawal of consent will become effective after we have had a re | ||
| > | e opportunity to act upon it, and you may receive electronic Communications in t | > | asonable opportunity to act upon it, and you may receive electronic Communicatio | ||
| > | he interim. | > | ns in the interim. | ||
| 5988 | Effective February 21st 2024 to November 15th 2024 | 5984 | Effective February 21st 2024 to November 15th 2024 | ||
| 5989 | Download | 5985 | Download | ||
| 5990 | Table of Contents | 5986 | Table of Contents | ||
| 5996 | Maintaining Accurate Contact Information. It is your responsibility to provide G | 5992 | Maintaining Accurate Contact Information. It is your responsibility to provide G | ||
| > | usto with an active and accurate email address and to promptly notify us of any | > | usto with an active and accurate email address and to promptly notify us of any | ||
| > | changes in this information. You can update your contact information (such as yo | > | changes in this information. You can update your contact information (such as yo | ||
| > | ur email address) through your Member Account. Gusto is not responsible for any | > | ur email address) through your Member Account. Gusto is not responsible for any | ||
| > | delay or failure of Communications that are sent to the email address that you h | > | delay or failure of Communications that are sent to the email address that you h | ||
| > | ave provided to us. | > | ave provided to us. | ||
| 5997 | Paper Copies. Gusto will not send paper copies of any Communications; however we | 5993 | Paper Copies. Gusto will not send paper copies of any Communications; however we | ||
| > | reserve the right, but assume no obligations, to provide a paper copy (instead | > | reserve the right, but assume no obligations, to provide a paper copy (instead | ||
| > | of electronic) of any Communication that you have authorized us to provide elect | > | of electronic) of any Communication that you have authorized us to provide elect | ||
| > | ronically. You should print or download for your records a copy of this Consent | > | ronically. You should print or download for your records a copy of this Consent | ||
| > | and any other Communication that is important to you. | > | and any other Communication that is important to you. | ||
| 5998 | Hardware and Software Requirements. You understand that to receive electronic de | 5994 | Hardware and Software Requirements. You understand that to receive electronic de | ||
| > | liveries, you must have Internet access, an internet browser that supports 128 b | > | liveries, you must have Internet access, an internet browser that supports 128 b | ||
| > | it encryption, a valid email address, the ability to download and have ongoing a | > | it encryption, a valid email address, the ability to download and have ongoing a | ||
| > | ccess to such applications as Gusto may specify, sufficient electronic storage c | > | ccess to such applications as Gusto may specify, sufficient electronic storage c | ||
| > | apacity on your computer’s hard drive or other data storage unit, and a printer | > | apacity on your computer’s hard drive or other data storage unit, and a printer | ||
| > | or other device to download and print or save any information you may wish to re | > | or other device to download and print or save any information you may wish to re | ||
| > | tain. Gusto will notify you of any changes in the hardware and software requirem | > | tain. Gusto will notify you of any changes in the hardware and software requirem | ||
| > | ents needed to access Communications covered by your consent in this section. By | > | ents needed to access Communications covered by your consent in this section. By | ||
| > | accessing the Gusto Services, you represent that you have the requisite hardwar | > | accessing the Gusto Services, you represent that you have the requisite hardwar | ||
| > | e and software to receive electronic Communications and to retain and print the | > | e and software to receive electronic Communications and to retain and print the | ||
| > | electronic Communications for your records. | > | electronic Communications for your records. | ||
| n | 5999 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu | n | 5995 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu |
| > | nications at any time by emailing [email protected] and referencing this E-Sign | > | nications at any time by emailing legal-opt-outs@gusto.com and referencing this | ||
| > | Consent. However, withdrawal of your consent to receive electronic Communication | > | E-Sign Consent. However, withdrawal of your consent to receive electronic Commun | ||
| > | s may result in termination of your access to Gusto Services. You understand tha | > | ications may result in termination of your access to Gusto Services. You underst | ||
| > | t your withdrawal of consent will become effective after we have had a reasonabl | > | and that your withdrawal of consent will become effective after we have had a re | ||
| > | e opportunity to act upon it, and you may receive electronic Communications in t | > | asonable opportunity to act upon it, and you may receive electronic Communicatio | ||
| > | he interim. | > | ns in the interim. | ||
| 6000 | Effective February 21st 2024 to February 21st 2024 | 5996 | Effective February 21st 2024 to February 21st 2024 | ||
| 6001 | Download | 5997 | Download | ||
| 6002 | Table of Contents | 5998 | Table of Contents | ||
| 6008 | Maintaining Accurate Contact Information. It is your responsibility to provide G | 6004 | Maintaining Accurate Contact Information. It is your responsibility to provide G | ||
| > | usto with an active and accurate email address and to promptly notify us of any | > | usto with an active and accurate email address and to promptly notify us of any | ||
| > | changes in this information. You can update your contact information (such as yo | > | changes in this information. You can update your contact information (such as yo | ||
| > | ur email address) through your Member Account. Gusto is not responsible for any | > | ur email address) through your Member Account. Gusto is not responsible for any | ||
| > | delay or failure of Communications that are sent to the email address that you h | > | delay or failure of Communications that are sent to the email address that you h | ||
| > | ave provided to us. | > | ave provided to us. | ||
| 6009 | Paper Copies. Gusto will not send paper copies of any Communications; however we | 6005 | Paper Copies. Gusto will not send paper copies of any Communications; however we | ||
| > | reserve the right, but assume no obligations, to provide a paper copy (instead | > | reserve the right, but assume no obligations, to provide a paper copy (instead | ||
| > | of electronic) of any Communication that you have authorized us to provide elect | > | of electronic) of any Communication that you have authorized us to provide elect | ||
| > | ronically. You should print or download for your records a copy of this Consent | > | ronically. You should print or download for your records a copy of this Consent | ||
| > | and any other Communication that is important to you. | > | and any other Communication that is important to you. | ||
| 6010 | Hardware and Software Requirements. You understand that to receive electronic de | 6006 | Hardware and Software Requirements. You understand that to receive electronic de | ||
| > | liveries, you must have Internet access, an internet browser that supports 128 b | > | liveries, you must have Internet access, an internet browser that supports 128 b | ||
| > | it encryption, a valid email address, the ability to download and have ongoing a | > | it encryption, a valid email address, the ability to download and have ongoing a | ||
| > | ccess to such applications as Gusto may specify, sufficient electronic storage c | > | ccess to such applications as Gusto may specify, sufficient electronic storage c | ||
| > | apacity on your computer’s hard drive or other data storage unit, and a printer | > | apacity on your computer’s hard drive or other data storage unit, and a printer | ||
| > | or other device to download and print or save any information you may wish to re | > | or other device to download and print or save any information you may wish to re | ||
| > | tain. Gusto will notify you of any changes in the hardware and software requirem | > | tain. Gusto will notify you of any changes in the hardware and software requirem | ||
| > | ents needed to access Communications covered by your consent in this section. By | > | ents needed to access Communications covered by your consent in this section. By | ||
| > | accessing the Gusto Services, you represent that you have the requisite hardwar | > | accessing the Gusto Services, you represent that you have the requisite hardwar | ||
| > | e and software to receive electronic Communications and to retain and print the | > | e and software to receive electronic Communications and to retain and print the | ||
| > | electronic Communications for your records. | > | electronic Communications for your records. | ||
| n | 6011 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu | n | 6007 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu |
| > | nications at any time by emailing [email protected] and referencing this E-Sign | > | nications at any time by emailing legal-opt-outs@gusto.com and referencing this | ||
| > | Consent. However, withdrawal of your consent to receive electronic Communication | > | E-Sign Consent. However, withdrawal of your consent to receive electronic Commun | ||
| > | s may result in termination of your access to Gusto Services. You understand tha | > | ications may result in termination of your access to Gusto Services. You underst | ||
| > | t your withdrawal of consent will become effective after we have had a reasonabl | > | and that your withdrawal of consent will become effective after we have had a re | ||
| > | e opportunity to act upon it, and you may receive electronic Communications in t | > | asonable opportunity to act upon it, and you may receive electronic Communicatio | ||
| > | he interim. | > | ns in the interim. | ||
| 6012 | Effective February 21st 2024 to February 21st 2024 | 6008 | Effective February 21st 2024 to February 21st 2024 | ||
| 6013 | Download | 6009 | Download | ||
| 6014 | Table of Contents | 6010 | Table of Contents | ||
| 6020 | Maintaining Accurate Contact Information. It is your responsibility to provide G | 6016 | Maintaining Accurate Contact Information. It is your responsibility to provide G | ||
| > | usto with an active and accurate email address and to promptly notify us of any | > | usto with an active and accurate email address and to promptly notify us of any | ||
| > | changes in this information. You can update your contact information (such as yo | > | changes in this information. You can update your contact information (such as yo | ||
| > | ur email address) through your Member Account. Gusto is not responsible for any | > | ur email address) through your Member Account. Gusto is not responsible for any | ||
| > | delay or failure of Communications that are sent to the email address that you h | > | delay or failure of Communications that are sent to the email address that you h | ||
| > | ave provided to us. | > | ave provided to us. | ||
| 6021 | Paper copies. Gusto will not send paper copies of any Communications; however we | 6017 | Paper copies. Gusto will not send paper copies of any Communications; however we | ||
| > | reserve the right, but assume no obligations, to provide a paper copy (instead | > | reserve the right, but assume no obligations, to provide a paper copy (instead | ||
| > | of electronic) of any Communication that you have authorized us to provide elect | > | of electronic) of any Communication that you have authorized us to provide elect | ||
| > | ronically. You should print or download for your records a copy of this Consent | > | ronically. You should print or download for your records a copy of this Consent | ||
| > | and any other Communication that is important to you. | > | and any other Communication that is important to you. | ||
| 6022 | Hardware and Software Requirements. You understand that to receive electronic de | 6018 | Hardware and Software Requirements. You understand that to receive electronic de | ||
| > | liveries, you must have Internet access, an internet browser that supports 128 b | > | liveries, you must have Internet access, an internet browser that supports 128 b | ||
| > | it encryption, a valid email address, the ability to download and have ongoing a | > | it encryption, a valid email address, the ability to download and have ongoing a | ||
| > | ccess to such applications as Gusto may specify, sufficient electronic storage c | > | ccess to such applications as Gusto may specify, sufficient electronic storage c | ||
| > | apacity on your computer’s hard drive or other data storage unit, and a printer | > | apacity on your computer’s hard drive or other data storage unit, and a printer | ||
| > | or other device to download and print or save any information you may wish to re | > | or other device to download and print or save any information you may wish to re | ||
| > | tain. Gusto will notify you of any changes in the hardware and software requirem | > | tain. Gusto will notify you of any changes in the hardware and software requirem | ||
| > | ents needed to access Communications covered by your consent in this section. By | > | ents needed to access Communications covered by your consent in this section. By | ||
| > | accessing the Gusto Services, you represent that you have the requisite hardwar | > | accessing the Gusto Services, you represent that you have the requisite hardwar | ||
| > | e and software to receive electronic Communications and to retain and print the | > | e and software to receive electronic Communications and to retain and print the | ||
| > | electronic Communications for your records. | > | electronic Communications for your records. | ||
| n | 6023 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu | n | 6019 | Withdrawal of Consent. You may withdraw your consent to receive electronic Commu |
| > | nications at any time by emailing [email protected] and referencing this E-Sign | > | nications at any time by emailing legal-opt-outs@gusto.com and referencing this | ||
| > | Consent. However, withdrawal of your consent to receive electronic Communication | > | E-Sign Consent. However, withdrawal of your consent to receive electronic Commun | ||
| > | s may result in termination of your access to Gusto Services. You understand tha | > | ications may result in termination of your access to Gusto Services. You underst | ||
| > | t your withdrawal of consent will become effective after we have had a reasonabl | > | and that your withdrawal of consent will become effective after we have had a re | ||
| > | e opportunity to act upon it, and you may receive electronic Communications in t | > | asonable opportunity to act upon it, and you may receive electronic Communicatio | ||
| > | he interim. | > | ns in the interim. | ||
| 6024 | Terms for Promotional Offers & Discounts | 6020 | Terms for Promotional Offers & Discounts | ||
| 6025 | Version | 6021 | Version | ||
| 6026 | Version 5.0 (Current) | 6022 | Version 5.0 (Current) | ||
| 6113 | Download | 6109 | Download | ||
| 6114 | Table of Contents | 6110 | Table of Contents | ||
| 6115 | We are committed to ensuring that our website and other digital offerings are op | 6111 | We are committed to ensuring that our website and other digital offerings are op | ||
| > | en and accessible to the broadest audience possible. To reach that commitment, w | > | en and accessible to the broadest audience possible. To reach that commitment, w | ||
| > | e strive to continually improve the user experience for everyone by consulting a | > | e strive to continually improve the user experience for everyone by consulting a | ||
| > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | ||
| > | version 2.1 Level AA. | > | version 2.1 Level AA. | ||
| n | 6116 | If you have questions, comments, or encounter any difficulty relating to the acc | n | 6112 | If you have questions, comments, or encounter any difficulty relating to the acc |
| > | essibility of our website, platform, or mobile application, please contact us at | > | essibility of our website, platform, or mobile application, please contact us at | ||
| > | [email protected]. | > | accessibility@gusto.com. | ||
| 6117 | Effective October 20th 2023 to October 20th 2023 | 6113 | Effective October 20th 2023 to October 20th 2023 | ||
| 6118 | Download | 6114 | Download | ||
| 6119 | Table of Contents | 6115 | Table of Contents | ||
| 6120 | We are committed to ensuring that our website and other digital offerings are op | 6116 | We are committed to ensuring that our website and other digital offerings are op | ||
| > | en and accessible to the broadest audience possible. To reach that commitment, w | > | en and accessible to the broadest audience possible. To reach that commitment, w | ||
| > | e strive to continually improve the user experience for everyone by consulting a | > | e strive to continually improve the user experience for everyone by consulting a | ||
| > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | ||
| > | version 2.1 Level AA. | > | version 2.1 Level AA. | ||
| n | 6121 | If you have questions, comments, or encounter any difficulty relating to the acc | n | 6117 | If you have questions, comments, or encounter any difficulty relating to the acc |
| > | essibility of our website, platform, or mobile application, please contact us at | > | essibility of our website, platform, or mobile application, please contact us at | ||
| > | [email protected]. | > | accessibility@gusto.com. | ||
| 6122 | Effective October 13th 2023 to October 20th 2023 | 6118 | Effective October 13th 2023 to October 20th 2023 | ||
| 6123 | Download | 6119 | Download | ||
| 6124 | Table of Contents | 6120 | Table of Contents | ||
| 6125 | Accessibility Statement | 6121 | Accessibility Statement | ||
| 6126 | We are committed to ensuring that our website and other digital offerings are op | 6122 | We are committed to ensuring that our website and other digital offerings are op | ||
| > | en and accessible to the broadest audience possible. To reach that commitment, w | > | en and accessible to the broadest audience possible. To reach that commitment, w | ||
| > | e strive to continually improve the user experience for everyone by consulting a | > | e strive to continually improve the user experience for everyone by consulting a | ||
| > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | > | ccessibility standards, such as the Web Content Accessibility Guidelines (WCAG) | ||
| > | version 2.1 Level AA. | > | version 2.1 Level AA. | ||
| n | 6127 | If you have questions, comments, or encounter any difficulty relating to the acc | n | 6123 | If you have questions, comments, or encounter any difficulty relating to the acc |
| > | essibility of our website, platform, or mobile application, please contact us at | > | essibility of our website, platform, or mobile application, please contact us at | ||
| > | [email protected]. | > | accessibility@gusto.com. | ||
| 6128 | Payroll Service Terms | 6124 | Payroll Service Terms | ||
| 6129 | Version | 6125 | Version | ||
| 6130 | Version 12.0 (Current) | 6126 | Version 12.0 (Current) | ||
| 7514 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | 7510 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | ||
| > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | ||
| > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | ||
| > | s claims, make decisions, or determine eligibility requirements for specific Ins | > | s claims, make decisions, or determine eligibility requirements for specific Ins | ||
| > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | ||
| > | de Users with recommendations and price offerings for Insurance Plans provided b | > | de Users with recommendations and price offerings for Insurance Plans provided b | ||
| > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | ||
| > | n is made solely by the User. | > | n is made solely by the User. | ||
| 7515 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | 7511 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | ||
| > | rocured or managed through the Benefits Service. User shall be responsible for r | > | rocured or managed through the Benefits Service. User shall be responsible for r | ||
| > | eviewing for accuracy all communications, notices, and invoices User receives di | > | eviewing for accuracy all communications, notices, and invoices User receives di | ||
| > | rectly from its Benefits Provider. User shall be responsible for promptly notify | > | rectly from its Benefits Provider. User shall be responsible for promptly notify | ||
| > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | ||
| > | fy any such errors or omissions. User shall be responsible for any fees it incur | > | fy any such errors or omissions. User shall be responsible for any fees it incur | ||
| > | s as a result of its failure to review said notices and timely report such error | > | s as a result of its failure to review said notices and timely report such error | ||
| > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | ||
| > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | ||
| > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | ||
| > | its Provider may result in delays in, termination of, or inability to obtain hea | > | its Provider may result in delays in, termination of, or inability to obtain hea | ||
| > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | ||
| > | t. | > | t. | ||
| 7516 | 5. COBRA and State Continuation Coverage Administration | 7512 | 5. COBRA and State Continuation Coverage Administration | ||
| n | 7517 | Certain employee Users who have terminated employment with an employer who remai | n | 7513 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7518 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7514 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7519 | 6. Limitation of Liability | 7515 | 6. Limitation of Liability | ||
| 7520 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | 7516 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | ||
| > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | ||
| > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | ||
| > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | ||
| > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | ||
| > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | ||
| > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | ||
| > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | ||
| > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | ||
| 7542 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | 7538 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | ||
| > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | ||
| > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | ||
| > | s claims, make decisions, or determine eligibility requirements for specific Ins | > | s claims, make decisions, or determine eligibility requirements for specific Ins | ||
| > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | ||
| > | de Users with recommendations and price offerings for Insurance Plans provided b | > | de Users with recommendations and price offerings for Insurance Plans provided b | ||
| > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | ||
| > | n is made solely by the User. | > | n is made solely by the User. | ||
| 7543 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | 7539 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | ||
| > | rocured or managed through the Benefits Service. User shall be responsible for r | > | rocured or managed through the Benefits Service. User shall be responsible for r | ||
| > | eviewing for accuracy all communications, notices, and invoices User receives di | > | eviewing for accuracy all communications, notices, and invoices User receives di | ||
| > | rectly from its Benefits Provider. User shall be responsible for promptly notify | > | rectly from its Benefits Provider. User shall be responsible for promptly notify | ||
| > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | ||
| > | fy any such errors or omissions. User shall be responsible for any fees it incur | > | fy any such errors or omissions. User shall be responsible for any fees it incur | ||
| > | s as a result of its failure to review said notices and timely report such error | > | s as a result of its failure to review said notices and timely report such error | ||
| > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | ||
| > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | ||
| > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | ||
| > | its Provider may result in delays in, termination of, or inability to obtain hea | > | its Provider may result in delays in, termination of, or inability to obtain hea | ||
| > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | ||
| > | t. | > | t. | ||
| 7544 | 5. COBRA and State Continuation Coverage Administration | 7540 | 5. COBRA and State Continuation Coverage Administration | ||
| n | 7545 | Certain employee Users who have terminated employment with an employer who remai | n | 7541 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7546 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7542 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7547 | 6. Limitation of Liability | 7543 | 6. Limitation of Liability | ||
| 7548 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | 7544 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | ||
| > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | ||
| > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | ||
| > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | ||
| > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | ||
| > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | ||
| > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | ||
| > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | ||
| > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | ||
| 7573 | 	 | 7569 | 	 | ||
| 7574 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | 7570 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | ||
| > | rocured or managed through the Benefits Service. User shall be responsible for r | > | rocured or managed through the Benefits Service. User shall be responsible for r | ||
| > | eviewing for accuracy all communications, notices, and invoices User receives di | > | eviewing for accuracy all communications, notices, and invoices User receives di | ||
| > | rectly from its Benefits Provider. User shall be responsible for promptly notify | > | rectly from its Benefits Provider. User shall be responsible for promptly notify | ||
| > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | ||
| > | fy any such errors or omissions. User shall be responsible for any fees it incur | > | fy any such errors or omissions. User shall be responsible for any fees it incur | ||
| > | s as a result of its failure to review said notices and timely report such error | > | s as a result of its failure to review said notices and timely report such error | ||
| > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | ||
| > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | ||
| > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | ||
| > | its Provider may result in delays in, termination of, or inability to obtain hea | > | its Provider may result in delays in, termination of, or inability to obtain hea | ||
| > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | ||
| > | t. | > | t. | ||
| 7575 | 5. COBRA and State Continuation Coverage Administration | 7571 | 5. COBRA and State Continuation Coverage Administration | ||
| n | 7576 | Certain employee Users who have terminated employment with an employer who remai | n | 7572 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7577 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7573 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7578 | 6. Limitation of Liability | 7574 | 6. Limitation of Liability | ||
| 7579 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | 7575 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | ||
| > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | ||
| > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | ||
| > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | ||
| > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | ||
| > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | ||
| > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | ||
| > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | ||
| > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | ||
| 7622 | 	 | 7618 | 	 | ||
| 7623 | 5. COBRA and State Continuation Coverage Administration | 7619 | 5. COBRA and State Continuation Coverage Administration | ||
| 7624 | 	 | 7620 | 	 | ||
| n | 7625 | Certain employee Users who have terminated employment with an employer who remai | n | 7621 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7626 | 	 | 7622 | 	 | ||
| 7627 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7623 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7628 | 	 | 7624 | 	 | ||
| 7674 | 	 | 7670 | 	 | ||
| 7675 | 5. COBRA and State Continuation Coverage Administration | 7671 | 5. COBRA and State Continuation Coverage Administration | ||
| 7676 | 	 | 7672 | 	 | ||
| n | 7677 | Certain employee Users who have terminated employment with an employer who remai | n | 7673 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7678 | 	 | 7674 | 	 | ||
| 7679 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7675 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7680 | 	 | 7676 | 	 | ||
| 7706 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | 7702 | Gusto Insurance is not a Benefits Provider. As such, it does not and cannot desi | ||
| > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | > | gn, amend, modify, or terminate any of the Insurance Plans offered or recommende | ||
| > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | > | d as part of the Benefits Service. Additionally, Gusto Insurance does not proces | ||
| > | s claims, make decisions, or determine eligibility requirements for specific Ins | > | s claims, make decisions, or determine eligibility requirements for specific Ins | ||
| > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | > | urance Plans. As part of the Benefits Service, Gusto Insurance brokers may provi | ||
| > | de Users with recommendations and price offerings for Insurance Plans provided b | > | de Users with recommendations and price offerings for Insurance Plans provided b | ||
| > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | > | y the relevant Benefits Providers. The decision to accept any such Insurance Pla | ||
| > | n is made solely by the User. | > | n is made solely by the User. | ||
| 7707 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | 7703 | User acknowledges that it remains the fiduciary of any and all Insurance Plans p | ||
| > | rocured or managed through the Benefits Service. User shall be responsible for r | > | rocured or managed through the Benefits Service. User shall be responsible for r | ||
| > | eviewing for accuracy all communications, notices, and invoices User receives di | > | eviewing for accuracy all communications, notices, and invoices User receives di | ||
| > | rectly from its Benefits Provider. User shall be responsible for promptly notify | > | rectly from its Benefits Provider. User shall be responsible for promptly notify | ||
| > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | > | ing Gusto Insurance of any errors or omissions so that Gusto Insurance may recti | ||
| > | fy any such errors or omissions. User shall be responsible for any fees it incur | > | fy any such errors or omissions. User shall be responsible for any fees it incur | ||
| > | s as a result of its failure to review said notices and timely report such error | > | s as a result of its failure to review said notices and timely report such error | ||
| > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | > | s to Gusto Insurance. User further acknowledges that it is responsible for notif | ||
| > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | > | ying Gusto Insurance of any and all qualifying events that may impact User’s hea | ||
| > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | > | lth insurance eligibility. Failure to timely notify Gusto Insurance or the Benef | ||
| > | its Provider may result in delays in, termination of, or inability to obtain hea | > | its Provider may result in delays in, termination of, or inability to obtain hea | ||
| > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | > | lth insurance coverage, and any costs, penalties, or taxes that incur as a resul | ||
| > | t. | > | t. | ||
| 7708 | 5. COBRA and State Continuation Coverage Administration | 7704 | 5. COBRA and State Continuation Coverage Administration | ||
| n | 7709 | Certain employee Users who have terminated employment with an employer who remai | n | 7705 | Certain employee Users who have terminated employment with an employer who remai |
| > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | > | ns an active User of Gusto Insurance’s Benefits Services (“Former Employee”) and | ||
| > | who wish to enroll in health insurance pursuant to COBRA or state continuation | > | who wish to enroll in health insurance pursuant to COBRA or state continuation | ||
| > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | > | coverage, may do so using Gusto Insurance. Former Employees can utilize the Bene | ||
| > | fits Services to enroll in COBRA or state continuation coverage by emailing [ema | > | fits Services to enroll in COBRA or state continuation coverage by emailing cobr | ||
| > | il protected]. While a Former Employee may continue to access its account on the | > | a@gusto.com. While a Former Employee may continue to access its account on the P | ||
| > | Platform, Gusto Insurance does not guarantee that the Platform will be updated | > | latform, Gusto Insurance does not guarantee that the Platform will be updated to | ||
| > | to reflect Former Employee’s COBRA or state continuation coverage enrollment inf | > | reflect Former Employee’s COBRA or state continuation coverage enrollment infor | ||
| > | ormation. | > | mation. | ||
| 7710 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | 7706 | Gusto Insurance uses a Third-Party Service to administer COBRA. Former Employee | ||
| > | is solely responsible for, and assumes all risk arising from, Former Employee’s | > | is solely responsible for, and assumes all risk arising from, Former Employee’s | ||
| > | election to receive and receipt of any Third-Party Service. | > | election to receive and receipt of any Third-Party Service. | ||
| 7711 | 6. Limitation of Liability | 7707 | 6. Limitation of Liability | ||
| 7712 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | 7708 | WITHOUT LIMITING THE GENERALITY OF SECTION 20 OF THE GUSTO TERMS, AND NOTWITHSTA | ||
| > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | > | NDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, USER UNDERSTANDS, ACKNOWLEDGES, | ||
| > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | > | AND AGREES THAT: (I) NOTHING HEREIN CONSTITUTES AN OFFER OR GUARANTEE OF HEALTH | ||
| > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | > | INSURANCE COVERAGE; (II) REQUIREMENTS FOR A SPECIFIC INSURANCE PLAN OR SERVICE | ||
| > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | > | ARE MADE SOLELY BY THE BENEFITS PROVIDER OF THAT INSURANCE PLAN OR SERVICE; (III | ||
| > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | > | ) GUSTO INSURANCE DOES NOT GUARANTEE ANY BENEFITS PROVIDER’S INSURANCE PLAN OR S | ||
| > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | > | ERVICE; AND (IV) GUSTO INSURANCE IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, | ||
| > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | > | COSTS, LIABILITIES, OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH | ||
| > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | > | USER’S USE OF ANY BENEFITS PROVIDER’S INSURANCE PLAN. | ||
| 8203 | Customer acknowledges and agrees that payments may be delayed due to Sanctions S | 8199 | Customer acknowledges and agrees that payments may be delayed due to Sanctions S | ||
| > | creening as described in Section 9, and that Gusto has the right to delay or rej | > | creening as described in Section 9, and that Gusto has the right to delay or rej | ||
| > | ect the processing of payments pending the interim results or outcome of such Sa | > | ect the processing of payments pending the interim results or outcome of such Sa | ||
| > | nctions Screening. Without limiting the scope of Section 15 below, Gusto bears n | > | nctions Screening. Without limiting the scope of Section 15 below, Gusto bears n | ||
| > | o responsibility for any delays, failures, errors, bouncebacks, or modifications | > | o responsibility for any delays, failures, errors, bouncebacks, or modifications | ||
| > | to processing schedules due to eligibility checks or Sanctions Screenings, or f | > | to processing schedules due to eligibility checks or Sanctions Screenings, or f | ||
| > | or any act or omission by a third party including but not limited to: the recipi | > | or any act or omission by a third party including but not limited to: the recipi | ||
| > | ent bank, Third-Party Services, regulatory agencies or authorities, tax authorit | > | ent bank, Third-Party Services, regulatory agencies or authorities, tax authorit | ||
| > | ies, any other financial institution, or any third-party technology provider. | > | ies, any other financial institution, or any third-party technology provider. | ||
| 8204 | 5. Third-Party Services | 8200 | 5. Third-Party Services | ||
| 8205 | Customer understands that Gusto will, from time to time, partner with certain Th | 8201 | Customer understands that Gusto will, from time to time, partner with certain Th | ||
| > | ird-Party Services in order to provide the International Contractor Payments Ser | > | ird-Party Services in order to provide the International Contractor Payments Ser | ||
| > | vice. These Third-Party Services may include the following services, each of whi | > | vice. These Third-Party Services may include the following services, each of whi | ||
| > | ch maintain their own terms of service and privacy policy: | > | ch maintain their own terms of service and privacy policy: | ||
| n | 8206 | 						Third-Party Service			Terms and Condit | n | 8202 | 																 |
| > | ions			Privacy Policy		 | > | 																 | ||
| > | 																 | ||||
| > | 						Third-Party ServiceTerms and ConditionsPrivacy Pol | ||||
| > | icy | ||||
| 8207 | 					Wise			Terms and Conditions			P | 8203 | WiseTerms and ConditionsPrivacy Policy | ||
| > | rivacy Policy		 | ||||
| 8208 | 					dLocal			Terms and Conditions		&Tab | 8204 | dLocalTerms and ConditionsPrivacy Policy | ||
| > | ;Privacy Policy		 | ||||
| 8209 | 					JPMorgan Chase			Terms and Conditions	& | 8205 | JPMorgan ChaseTerms and ConditionsPrivacy Policy | ||
| > | Tab;	Privacy Policy		 | ||||
| 8210 | 	 | ||||
| 8211 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | 8206 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | ||
| > | y using the International Contractor Payments Service, Customer authorizes Gusto | > | y using the International Contractor Payments Service, Customer authorizes Gusto | ||
| > | to share certain personal information with these Third-Party Services as is nec | > | to share certain personal information with these Third-Party Services as is nec | ||
| > | essary to provide the International Contractor Payments Service. This informatio | > | essary to provide the International Contractor Payments Service. This informatio | ||
| > | n includes: | > | n includes: | ||
| 8212 | Identification Information, including name, address, and other identification in | 8207 | Identification Information, including name, address, and other identification in | ||
| > | formation, including Mandatory Personal Information needed for Sanctions Screeni | > | formation, including Mandatory Personal Information needed for Sanctions Screeni | ||
| > | ng as defined in Section 9 of these International Contractor Payments Service Te | > | ng as defined in Section 9 of these International Contractor Payments Service Te | ||
| > | rms; | > | rms; | ||
| 8213 | Financial Information, including bank account and routing numbers, and other suc | 8208 | Financial Information, including bank account and routing numbers, and other suc | ||
| > | h bank information as may be needed in order to transmit a payment to an Interna | > | h bank information as may be needed in order to transmit a payment to an Interna | ||
| > | tional Contractor; and | > | tional Contractor; and | ||
| 8358 | Customer acknowledges and agrees that payments may be delayed due to Sanctions S | 8353 | Customer acknowledges and agrees that payments may be delayed due to Sanctions S | ||
| > | creening as described in Section 9, and that Gusto has the right to delay or rej | > | creening as described in Section 9, and that Gusto has the right to delay or rej | ||
| > | ect the processing of payments pending the interim results or outcome of such Sa | > | ect the processing of payments pending the interim results or outcome of such Sa | ||
| > | nctions Screening. Without limiting the scope of Section 15 below, Gusto bears n | > | nctions Screening. Without limiting the scope of Section 15 below, Gusto bears n | ||
| > | o responsibility for any delays, failures, errors, bouncebacks, or modifications | > | o responsibility for any delays, failures, errors, bouncebacks, or modifications | ||
| > | to processing schedules due to eligibility checks or Sanctions Screenings, or f | > | to processing schedules due to eligibility checks or Sanctions Screenings, or f | ||
| > | or any act or omission by a third party including but not limited to: the recipi | > | or any act or omission by a third party including but not limited to: the recipi | ||
| > | ent bank, Third-Party Services, regulatory agencies or authorities, tax authorit | > | ent bank, Third-Party Services, regulatory agencies or authorities, tax authorit | ||
| > | ies, any other financial institution, or any third-party technology provider. | > | ies, any other financial institution, or any third-party technology provider. | ||
| 8359 | 5. Third-Party Services | 8354 | 5. Third-Party Services | ||
| 8360 | Customer understands that Gusto will, from time to time, partner with certain Th | 8355 | Customer understands that Gusto will, from time to time, partner with certain Th | ||
| > | ird-Party Services in order to provide the International Contractor Payments Ser | > | ird-Party Services in order to provide the International Contractor Payments Ser | ||
| > | vice. These Third-Party Services may include the following services, each of whi | > | vice. These Third-Party Services may include the following services, each of whi | ||
| > | ch maintain their own terms of service and privacy policy: | > | ch maintain their own terms of service and privacy policy: | ||
| n | 8361 | 						Third-Party Service 			Terms and Condi | n | 8356 | 																 |
| > | tions 			Privacy Policy		 | > | 																 | ||
| > | 																 | ||||
| > | 						Third-Party Service Terms and Conditions Privacy P | ||||
| > | olicy | ||||
| 8362 | 					Wise 			Terms and Conditions			 | 8357 | Wise Terms and ConditionsPrivacy Policy | ||
| > | Privacy Policy		 | ||||
| 8363 | 					dLocal 			Terms and Conditions		&Ta | 8358 | dLocal Terms and ConditionsPrivacy Policy | ||
| > | b;Privacy Policy		 | ||||
| 8364 | 					JPMorgan Chase 			Terms and Conditions	 | 8359 | JPMorgan Chase Terms and ConditionsPrivacy Policy | ||
| > | 		Privacy Policy		 | ||||
| 8365 | 	 | ||||
| 8366 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | 8360 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | ||
| > | y using the International Contractor Payments Service, Customer authorizes Gusto | > | y using the International Contractor Payments Service, Customer authorizes Gusto | ||
| > | to share certain personal information with these Third-Party Services as is nec | > | to share certain personal information with these Third-Party Services as is nec | ||
| > | essary to provide the International Contractor Payments Service. This informatio | > | essary to provide the International Contractor Payments Service. This informatio | ||
| > | n includes: | > | n includes: | ||
| 8367 | Identification Information, including name, address, and other identification in | 8361 | Identification Information, including name, address, and other identification in | ||
| > | formation, including Mandatory Personal Information needed for Sanctions Screeni | > | formation, including Mandatory Personal Information needed for Sanctions Screeni | ||
| > | ng as defined in Section 9 of these International Contractor Payments Service Te | > | ng as defined in Section 9 of these International Contractor Payments Service Te | ||
| > | rms; | > | rms; | ||
| 8368 | Financial Information, including bank account and routing numbers, and other suc | 8362 | Financial Information, including bank account and routing numbers, and other suc | ||
| > | h bank information as may be needed in order to transmit a payment to an Interna | > | h bank information as may be needed in order to transmit a payment to an Interna | ||
| > | tional Contractor; and | > | tional Contractor; and | ||
| 8436 | 5. Third-Party Services | 8430 | 5. Third-Party Services | ||
| 8437 | Customer understands that Gusto will, from time to time, partner with certain Th | 8431 | Customer understands that Gusto will, from time to time, partner with certain Th | ||
| > | ird-Party Services in order to provide the International Contractor Payments Ser | > | ird-Party Services in order to provide the International Contractor Payments Ser | ||
| > | vice. These Third-Party Services may include the following services, each of whi | > | vice. These Third-Party Services may include the following services, each of whi | ||
| > | ch maintain their own terms of service and privacy policy: | > | ch maintain their own terms of service and privacy policy: | ||
| 8438 | 	 | 8432 | 	 | ||
| n | 8439 | 															Third | n | 8433 | 	 |
| > | -Party Service | ||||
| 8434 | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 		Third-Party Service | ||||
| 8440 | 													Terms and Condi | 8435 | 									Terms and Conditions | ||
| > | tions | ||||
| 8441 | 													Privacy Policy | 8436 | 									Privacy Policy | ||
| 8437 | 				 | ||||
| 8442 | 							 | 8438 | 					Wise | ||
| 8443 | 												Wise | ||||
| 8444 | 													Terms and Condi | 8439 | 									Terms and Conditions | ||
| > | tions | ||||
| 8445 | 													Privacy Policy | 8440 | 									Privacy Policy | ||
| 8441 | 				 | ||||
| 8446 | 							 | 8442 | 					dLocal | ||
| 8447 | 												dLocal | ||||
| 8448 | 													Terms and Condi | 8443 | 									Terms and Conditions | ||
| > | tions | ||||
| 8449 | 													Privacy Policy | 8444 | 									Privacy Policy | ||
| 8450 | 							 | 8445 | 				 | ||
| 8451 | 												JPMorgan Chase | 8446 | 					JPMorgan Chase | ||
| 8452 | 													Terms and Condi | 8447 | 									Terms and Conditions | ||
| > | tions | ||||
| 8453 | 													Privacy Policy | 8448 | 									Privacy Policy | ||
| 8454 | 							 | ||||
| 8455 | 			 | 8449 | 				 | ||
| 8456 | 	 | 8450 | 	 | ||
| 8457 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | 8451 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | ||
| > | y using the International Contractor Payments Service, Customer authorizes Gusto | > | y using the International Contractor Payments Service, Customer authorizes Gusto | ||
| > | to share certain personal information with these Third-Party Services as is nec | > | to share certain personal information with these Third-Party Services as is nec | ||
| > | essary to provide the International Contractor Payments Service. This informatio | > | essary to provide the International Contractor Payments Service. This informatio | ||
| > | n includes: | > | n includes: | ||
| 8458 | Identification Information, including name, address, and other identification in | 8452 | Identification Information, including name, address, and other identification in | ||
| > | formation, including Mandatory Personal Information needed for Sanctions Screeni | > | formation, including Mandatory Personal Information needed for Sanctions Screeni | ||
| > | ng as defined in Section 9 of these International Contractor Payments Service Te | > | ng as defined in Section 9 of these International Contractor Payments Service Te | ||
| > | rms; | > | rms; | ||
| 8625 | 	 | 8619 | 	 | ||
| 8626 | Customer understands that Gusto will, from time to time, partner with certain Th | 8620 | Customer understands that Gusto will, from time to time, partner with certain Th | ||
| > | ird-Party Services in order to provide the International Contractor Payments Ser | > | ird-Party Services in order to provide the International Contractor Payments Ser | ||
| > | vice. These Third-Party Services may include the following services, each of whi | > | vice. These Third-Party Services may include the following services, each of whi | ||
| > | ch maintain their own terms of service and privacy policy: | > | ch maintain their own terms of service and privacy policy: | ||
| 8627 | 	 | 8621 | 	 | ||
| n | 8628 | 															Third | n | 8622 | 	 |
| > | -Party Service | ||||
| 8623 | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 		Third-Party Service | ||||
| 8629 | 													Terms and Condi | 8624 | 									Terms and Conditions | ||
| > | tions | ||||
| 8630 | 													Privacy Policy | 8625 | 									Privacy Policy | ||
| 8626 | 				 | ||||
| 8631 | 							 | 8627 | 					Wise | ||
| 8632 | 												Wise | ||||
| 8633 | 													Terms and Condi | 8628 | 									Terms and Conditions | ||
| > | tions | ||||
| 8634 | 													Privacy Policy | 8629 | 									Privacy Policy | ||
| 8630 | 				 | ||||
| 8635 | 							 | 8631 | 					dLocal | ||
| 8636 | 												dLocal | ||||
| 8637 | 													Terms and Condi | 8632 | 									Terms and Conditions | ||
| > | tions | ||||
| 8638 | 													Privacy Policy | 8633 | 									Privacy Policy | ||
| 8639 | 							 | 8634 | 				 | ||
| 8640 | 												JPMorgan Chase | 8635 | 					JPMorgan Chase | ||
| 8641 | 													Terms and Condi | 8636 | 									Terms and Conditions | ||
| > | tions | ||||
| 8642 | 													Privacy Policy | 8637 | 									Privacy Policy | ||
| 8643 | 							 | ||||
| 8644 | 			 | 8638 | 				 | ||
| 8645 | 	 | 8639 | 	 | ||
| 8646 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | 8640 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | ||
| > | y using the International Contractor Payments Service, Customer authorizes Gusto | > | y using the International Contractor Payments Service, Customer authorizes Gusto | ||
| > | to share certain personal information with these Third-Party Services as is nec | > | to share certain personal information with these Third-Party Services as is nec | ||
| > | essary to provide the International Contractor Payments Service. This informatio | > | essary to provide the International Contractor Payments Service. This informatio | ||
| > | n includes: | > | n includes: | ||
| 8647 | Identification Information, including name, address, and other identification in | 8641 | Identification Information, including name, address, and other identification in | ||
| > | formation, including Mandatory Personal Information needed for Sanctions Screeni | > | formation, including Mandatory Personal Information needed for Sanctions Screeni | ||
| > | ng as defined in Section 9 of these International Contractor Payments Service Te | > | ng as defined in Section 9 of these International Contractor Payments Service Te | ||
| > | rms; | > | rms; | ||
| 8767 | 	 | 8761 | 	 | ||
| 8768 | Customer understands that Gusto will, from time to time, partner with certain Th | 8762 | Customer understands that Gusto will, from time to time, partner with certain Th | ||
| > | ird-Party Services in order to provide the International Contractor Payments Ser | > | ird-Party Services in order to provide the International Contractor Payments Ser | ||
| > | vice. These Third-Party Services may include the following services, each of whi | > | vice. These Third-Party Services may include the following services, each of whi | ||
| > | ch maintain their own terms of service and privacy policy: | > | ch maintain their own terms of service and privacy policy: | ||
| 8769 | 	 | 8763 | 	 | ||
| n | 8770 | 															Third | n | 8764 | 	 |
| > | -Party Service | ||||
| 8765 | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 																 | ||||
| > | 		Third-Party Service | ||||
| 8771 | 													Terms and Condi | 8766 | 									Terms and Conditions | ||
| > | tions | ||||
| 8772 | 													Privacy Policy | 8767 | 									Privacy Policy | ||
| 8768 | 				 | ||||
| 8773 | 							 | 8769 | 					Wise | ||
| 8774 | 												Wise | ||||
| 8775 | 													Terms and Condi | 8770 | 									Terms and Conditions | ||
| > | tions | ||||
| 8776 | 													Privacy Policy | 8771 | 									Privacy Policy | ||
| 8772 | 				 | ||||
| 8777 | 							 | 8773 | 					dLocal | ||
| 8778 | 												dLocal | ||||
| 8779 | 													Terms and Condi | 8774 | 									Terms and Conditions | ||
| > | tions | ||||
| 8780 | 													Privacy Policy | 8775 | 									Privacy Policy | ||
| 8781 | 							 | 8776 | 				 | ||
| 8782 | 												JPMorgan Chase | 8777 | 					JPMorgan Chase | ||
| 8783 | 													Terms and Condi | 8778 | 									Terms and Conditions | ||
| > | tions | ||||
| 8784 | 													Privacy Policy | 8779 | 									Privacy Policy | ||
| 8785 | 							 | ||||
| 8786 | 			 | 8780 | 				 | ||
| 8787 | 	 | 8781 | 	 | ||
| 8788 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | 8782 | Gusto is not responsible for the acts or omissions of any Third-Party Service. B | ||
| > | y using the International Contractor Payments Service, Customer authorizes Gusto | > | y using the International Contractor Payments Service, Customer authorizes Gusto | ||
| > | to share certain personal information with these Third-Party Services as is nec | > | to share certain personal information with these Third-Party Services as is nec | ||
| > | essary to provide the International Contractor Payments Service. This informatio | > | essary to provide the International Contractor Payments Service. This informatio | ||
| > | n includes: | > | n includes: | ||
| 8789 | Identification Information, including name, address, and other identification in | 8783 | Identification Information, including name, address, and other identification in | ||
| > | formation, including Mandatory Personal Information needed for Sanctions Screeni | > | formation, including Mandatory Personal Information needed for Sanctions Screeni | ||
| > | ng as defined in Section 9 of these International Contractor Payments Service Te | > | ng as defined in Section 9 of these International Contractor Payments Service Te | ||
| > | rms; | > | rms; | ||
| 9596 | This Agreement will take effect at the time the Customer clicks to confirm accep | 9590 | This Agreement will take effect at the time the Customer clicks to confirm accep | ||
| > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | ||
| > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | ||
| > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | ||
| > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | ||
| > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | ||
| > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | ||
| > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | ||
| > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | ||
| > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | ||
| > | r any full or partial calendar months in which Customer is enrolled in the Time | > | r any full or partial calendar months in which Customer is enrolled in the Time | ||
| > | Kiosk Service, even if the Customer does not use the Service in such month. | > | Kiosk Service, even if the Customer does not use the Service in such month. | ||
| 9597 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | 9591 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | ||
| > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | ||
| > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | ||
| > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | ||
| > | etion. If we are unable to collect Service Fees from Customer by the payment due | > | etion. If we are unable to collect Service Fees from Customer by the payment due | ||
| > | date for any reason, or if Customer attempts to cancel or claw back fees proper | > | date for any reason, or if Customer attempts to cancel or claw back fees proper | ||
| > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | ||
| > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | ||
| > | t until we receive the outstanding amounts due. | > | t until we receive the outstanding amounts due. | ||
| 9598 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | 9592 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | ||
| > | company or workforce (“Designated Workers”) to physically clock in and clock out | > | company or workforce (“Designated Workers”) to physically clock in and clock out | ||
| > | by accessing a single designated computer, laptop, tablet, or similar device de | > | by accessing a single designated computer, laptop, tablet, or similar device de | ||
| > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | ||
| > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | ||
| > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | ||
| > | ’s sole discretion. | > | ’s sole discretion. | ||
| n | 9599 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio | n | 9593 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio |
| > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | ||
| > | ailing [email protected]; or (c) calling (415) 935-0230. | > | ailing suppport@gusto.com; or (c) calling (415) 935-0230. | ||
| 9600 | 2. Customer Acknowledgements | 9594 | 2. Customer Acknowledgements | ||
| 9601 | Customer understands and acknowledges that the Time Kiosk Device must be physica | 9595 | Customer understands and acknowledges that the Time Kiosk Device must be physica | ||
| > | lly available and accessible to all Designated Workers in order for Designated W | > | lly available and accessible to all Designated Workers in order for Designated W | ||
| > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | ||
| > | Device. Customer agrees that Customer is solely responsible for monitoring and e | > | Device. Customer agrees that Customer is solely responsible for monitoring and e | ||
| > | nsuring the security of the Time Kiosk Device and any programs, applications or | > | nsuring the security of the Time Kiosk Device and any programs, applications or | ||
| > | data contained on or available through the device, and that failure to monitor o | > | data contained on or available through the device, and that failure to monitor o | ||
| > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | ||
| > | d access to content or data on the Time Kiosk Device, among other results, and t | > | d access to content or data on the Time Kiosk Device, among other results, and t | ||
| > | hat Gusto is not liable for any such result. | > | hat Gusto is not liable for any such result. | ||
| 9602 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | 9596 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | ||
| > | hardware, devices, computers, or tablets and that Gusto is not responsible for | > | hardware, devices, computers, or tablets and that Gusto is not responsible for | ||
| > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | ||
| > | Kiosk Device. | > | Kiosk Device. | ||
| 9615 | This Agreement will take effect at the time the Customer clicks to confirm accep | 9609 | This Agreement will take effect at the time the Customer clicks to confirm accep | ||
| > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | ||
| > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | ||
| > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | ||
| > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | ||
| > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | ||
| > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | ||
| > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | ||
| > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | ||
| > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | ||
| > | r any full or partial calendar months in which Customer is enrolled in the Time | > | r any full or partial calendar months in which Customer is enrolled in the Time | ||
| > | Kiosk Service, even if the Customer does not use the Service in such month. | > | Kiosk Service, even if the Customer does not use the Service in such month. | ||
| 9616 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | 9610 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | ||
| > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | ||
| > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | ||
| > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | ||
| > | etion. If we are unable to collect Service Fees from Customer by the payment due | > | etion. If we are unable to collect Service Fees from Customer by the payment due | ||
| > | date for any reason, or if Customer attempts to cancel or claw back fees proper | > | date for any reason, or if Customer attempts to cancel or claw back fees proper | ||
| > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | ||
| > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | ||
| > | t until we receive the outstanding amounts due. | > | t until we receive the outstanding amounts due. | ||
| 9617 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | 9611 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | ||
| > | company or workforce (“Designated Workers”) to physically clock in and clock out | > | company or workforce (“Designated Workers”) to physically clock in and clock out | ||
| > | by accessing a single designated computer, laptop, tablet, or similar device de | > | by accessing a single designated computer, laptop, tablet, or similar device de | ||
| > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | ||
| > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | ||
| > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | ||
| > | ’s sole discretion. | > | ’s sole discretion. | ||
| n | 9618 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio | n | 9612 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio |
| > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | ||
| > | ailing [email protected]; or (c) calling (415) 935-0230. | > | ailing suppport@gusto.com; or (c) calling (415) 935-0230. | ||
| 9619 | 2. Customer Acknowledgements | 9613 | 2. Customer Acknowledgements | ||
| 9620 | Customer understands and acknowledges that the Time Kiosk Device must be physica | 9614 | Customer understands and acknowledges that the Time Kiosk Device must be physica | ||
| > | lly available and accessible to all Designated Workers in order for Designated W | > | lly available and accessible to all Designated Workers in order for Designated W | ||
| > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | ||
| > | Device. Customer agrees that Customer is solely responsible for monitoring and e | > | Device. Customer agrees that Customer is solely responsible for monitoring and e | ||
| > | nsuring the security of the Time Kiosk Device and any programs, applications or | > | nsuring the security of the Time Kiosk Device and any programs, applications or | ||
| > | data contained on or available through the device, and that failure to monitor o | > | data contained on or available through the device, and that failure to monitor o | ||
| > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | ||
| > | d access to content or data on the Time Kiosk Device, among other results, and t | > | d access to content or data on the Time Kiosk Device, among other results, and t | ||
| > | hat Gusto is not liable for any such result. | > | hat Gusto is not liable for any such result. | ||
| 9621 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | 9615 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | ||
| > | hardware, devices, computers, or tablets and that Gusto is not responsible for | > | hardware, devices, computers, or tablets and that Gusto is not responsible for | ||
| > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | ||
| > | Kiosk Device. | > | Kiosk Device. | ||
| 9635 | This Agreement will take effect at the time the Customer clicks to confirm accep | 9629 | This Agreement will take effect at the time the Customer clicks to confirm accep | ||
| > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | ||
| > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | ||
| > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | ||
| > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | ||
| > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | ||
| > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | ||
| > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | ||
| > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | ||
| > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | ||
| > | r any full or partial calendar months in which Customer is enrolled in the Time | > | r any full or partial calendar months in which Customer is enrolled in the Time | ||
| > | Kiosk Service, even if the Customer does not use the Service in such month. | > | Kiosk Service, even if the Customer does not use the Service in such month. | ||
| 9636 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | 9630 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | ||
| > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | ||
| > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | ||
| > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | ||
| > | etion. If we are unable to collect Service Fees from Customer by the payment due | > | etion. If we are unable to collect Service Fees from Customer by the payment due | ||
| > | date for any reason, or if Customer attempts to cancel or claw back fees proper | > | date for any reason, or if Customer attempts to cancel or claw back fees proper | ||
| > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | ||
| > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | ||
| > | t until we receive the outstanding amounts due. | > | t until we receive the outstanding amounts due. | ||
| 9637 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | 9631 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | ||
| > | company or workforce (“Designated Workers”) to physically clock in and clock out | > | company or workforce (“Designated Workers”) to physically clock in and clock out | ||
| > | by accessing a single designated computer, laptop, tablet, or similar device de | > | by accessing a single designated computer, laptop, tablet, or similar device de | ||
| > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | ||
| > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | ||
| > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | ||
| > | ’s sole discretion. | > | ’s sole discretion. | ||
| n | 9638 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio | n | 9632 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio |
| > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | ||
| > | ailing [email protected]; or (c) calling (415) 935-0230. | > | ailing suppport@gusto.com; or (c) calling (415) 935-0230. | ||
| 9639 | 2. Customer Acknowledgements | 9633 | 2. Customer Acknowledgements | ||
| 9640 | Customer understands and acknowledges that the Time Kiosk Device must be physica | 9634 | Customer understands and acknowledges that the Time Kiosk Device must be physica | ||
| > | lly available and accessible to all Designated Workers in order for Designated W | > | lly available and accessible to all Designated Workers in order for Designated W | ||
| > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | ||
| > | Device. Customer agrees that Customer is solely responsible for monitoring and e | > | Device. Customer agrees that Customer is solely responsible for monitoring and e | ||
| > | nsuring the security of the Time Kiosk Device and any programs, applications or | > | nsuring the security of the Time Kiosk Device and any programs, applications or | ||
| > | data contained on or available through the device, and that failure to monitor o | > | data contained on or available through the device, and that failure to monitor o | ||
| > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | ||
| > | d access to content or data on the Time Kiosk Device, among other results, and t | > | d access to content or data on the Time Kiosk Device, among other results, and t | ||
| > | hat Gusto is not liable for any such result. | > | hat Gusto is not liable for any such result. | ||
| 9641 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | 9635 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | ||
| > | hardware, devices, computers, or tablets and that Gusto is not responsible for | > | hardware, devices, computers, or tablets and that Gusto is not responsible for | ||
| > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | ||
| > | Kiosk Device. | > | Kiosk Device. | ||
| 9655 | This Agreement will take effect at the time the Customer clicks to confirm accep | 9649 | This Agreement will take effect at the time the Customer clicks to confirm accep | ||
| > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | > | tance of the Time Kiosk Service in the Gusto Account. Provided that Customer com | ||
| > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | > | plies with the terms of the Agreement, Gusto will provide Customer with the Time | ||
| > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | > | Kiosk Service. Customer agrees to pay the fees for the Time Kiosk Service as li | ||
| > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | > | sted at https://gusto.com/product/pricing or other applicable posted or agreed u | ||
| > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | > | pon rates (“Service Fees”). Gusto reserves the right to change the Service Fees | ||
| > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | > | for the Time Kiosk Service at any time in Gusto’s sole discretion. In any such e | ||
| > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | > | vent, Gusto will notify Customer of the change in advance. Customer’s continued | ||
| > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | > | use of the Time Kiosk Service after a Service Fee change constitutes Customer’s | ||
| > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | > | acceptance of the change. Unless we state otherwise, Service Fees are charged fo | ||
| > | r any full or partial calendar months in which Customer is enrolled in the Time | > | r any full or partial calendar months in which Customer is enrolled in the Time | ||
| > | Kiosk Service, even if the Customer does not use the Service in such month. | > | Kiosk Service, even if the Customer does not use the Service in such month. | ||
| 9656 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | 9650 | Gusto will invoice Customer for all Service Fees. Customer authorizes Gusto to d | ||
| > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | > | ebit the Bank Account for all applicable Service fees on a monthly basis in arre | ||
| > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | > | ars as they become payable. Customer agrees to pay any invoice within fifteen (1 | ||
| > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | > | 5) days of receipt via a payment method Gusto deems acceptable in our sole discr | ||
| > | etion. If we are unable to collect Service Fees from Customer by the payment due | > | etion. If we are unable to collect Service Fees from Customer by the payment due | ||
| > | date for any reason, or if Customer attempts to cancel or claw back fees proper | > | date for any reason, or if Customer attempts to cancel or claw back fees proper | ||
| > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | > | ly debited by Gusto from Customer’s Bank Account under these Time Kiosk Terms, w | ||
| > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | > | e may terminate or suspend access to the Time Kiosk Service from Customer Accoun | ||
| > | t until we receive the outstanding amounts due. | > | t until we receive the outstanding amounts due. | ||
| 9657 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | 9651 | The Time Kiosk Service is limited to (i) enabling certain members of Customer’s | ||
| > | company or workforce (“Designated Workers”) to physically clock in and clock out | > | company or workforce (“Designated Workers”) to physically clock in and clock out | ||
| > | by accessing a single designated computer, laptop, tablet, or similar device de | > | by accessing a single designated computer, laptop, tablet, or similar device de | ||
| > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | > | signated by Customer (“Kiosk Device”); and (ii) logging each Designated Worker’s | ||
| > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | > | clock in and clock out times in Customer’s Gusto Account. Gusto reserves the ri | ||
| > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | > | ght to modify, update or discontinue the Time Kiosk Service at any time in Gusto | ||
| > | ’s sole discretion. | > | ’s sole discretion. | ||
| n | 9658 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio | n | 9652 | Customer may cancel or remove Time Kiosk Service at any time by (a) taking actio |
| > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | > | n within the Gusto Account; (b) contacting the Gusto Customer Support team by em | ||
| > | ailing [email protected]; or (c) calling (415) 935-0230. | > | ailing suppport@gusto.com; or (c) calling (415) 935-0230. | ||
| 9659 | 2. Customer Acknowledgements | 9653 | 2. Customer Acknowledgements | ||
| 9660 | Customer understands and acknowledges that the Time Kiosk Device must be physica | 9654 | Customer understands and acknowledges that the Time Kiosk Device must be physica | ||
| > | lly available and accessible to all Designated Workers in order for Designated W | > | lly available and accessible to all Designated Workers in order for Designated W | ||
| > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | > | orkers to clock in and clock out using the Time Kiosk Service on the Time Kiosk | ||
| > | Device. Customer agrees that Customer is solely responsible for monitoring and e | > | Device. Customer agrees that Customer is solely responsible for monitoring and e | ||
| > | nsuring the security of the Time Kiosk Device and any programs, applications or | > | nsuring the security of the Time Kiosk Device and any programs, applications or | ||
| > | data contained on or available through the device, and that failure to monitor o | > | data contained on or available through the device, and that failure to monitor o | ||
| > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | > | r secure the Time Kiosk Device may result in theft, hacking, damage, unauthorize | ||
| > | d access to content or data on the Time Kiosk Device, among other results, and t | > | d access to content or data on the Time Kiosk Device, among other results, and t | ||
| > | hat Gusto is not liable for any such result. | > | hat Gusto is not liable for any such result. | ||
| 9661 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | 9655 | Customer acknowledges that the Time Kiosk Service may not be compatible with all | ||
| > | hardware, devices, computers, or tablets and that Gusto is not responsible for | > | hardware, devices, computers, or tablets and that Gusto is not responsible for | ||
| > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | > | ensuring that the Time Kiosk Service is compatible with Customer’s selected Time | ||
| > | Kiosk Device. | > | Kiosk Device. | ||
| 10345 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | 10339 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | ||
| > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | ||
| > | standings, communications, and agreements, oral or written, regarding this subje | > | standings, communications, and agreements, oral or written, regarding this subje | ||
| > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | ||
| > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | ||
| > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Gusto R&D | > | , that section will be removed without affecting the remainder of the Gusto R&D | ||
| > | Services Agreement. The remaining terms will be valid and enforceable. Customer | > | Services Agreement. The remaining terms will be valid and enforceable. Customer | ||
| > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | ||
| > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | ||
| > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | ||
| > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | ||
| > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | ||
| > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | ||
| > | d their respective successors and permitted assigns. | > | d their respective successors and permitted assigns. | ||
| 10346 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | 10340 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | ||
| > | ces Agreement, including those regarding modifications to this Gusto R&D Service | > | ces Agreement, including those regarding modifications to this Gusto R&D Service | ||
| > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | ||
| > | or notices made by e-mail, the date of receipt will be deemed the date on which | > | or notices made by e-mail, the date of receipt will be deemed the date on which | ||
| > | such notice is given. For notices made by posting to the Platform, the date of s | > | such notice is given. For notices made by posting to the Platform, the date of s | ||
| > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | ||
| > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | ||
| > | not be considered a waiver of such right or provision. The waiver of any such r | > | not be considered a waiver of such right or provision. The waiver of any such r | ||
| > | ight or provision will be effective only if in writing and signed by a duly auth | > | ight or provision will be effective only if in writing and signed by a duly auth | ||
| > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | ||
| > | Services Agreement, the exercise by either party of any of its remedies under th | > | Services Agreement, the exercise by either party of any of its remedies under th | ||
| > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | ||
| > | under this Gusto R&D Services Agreement or otherwise. | > | under this Gusto R&D Services Agreement or otherwise. | ||
| 10347 | 21. Contact Information | 10341 | 21. Contact Information | ||
| n | 10348 | If Customer has any questions about this Agreement or the R&D Tax Credit Service | n | 10342 | If Customer has any questions about this Agreement or the R&D Tax Credit Service |
| > | s, Customer may contact Gusto at [email protected]. Gusto is located at 525 20th | > | s, Customer may contact Gusto at support@Gusto.com. Gusto is located at 525 20th | ||
| > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | ||
| > | a California resident, Customer may report complaints regarding the R&D Tax Cre | > | a California resident, Customer may report complaints regarding the R&D Tax Cre | ||
| > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | ||
| > | umer Services of the California Department of Consumer Affairs at: | > | umer Services of the California Department of Consumer Affairs at: | ||
| 10349 | Department of Consumer Affairs | 10343 | Department of Consumer Affairs | ||
| 10350 | Consumer Information Division | 10344 | Consumer Information Division | ||
| 10351 | 1625 North Market Blvd., Suite N 112 | 10345 | 1625 North Market Blvd., Suite N 112 | ||
| 10430 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | 10424 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | ||
| > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | ||
| > | standings, communications, and agreements, oral or written, regarding this subje | > | standings, communications, and agreements, oral or written, regarding this subje | ||
| > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | ||
| > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | ||
| > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Gusto R&D | > | , that section will be removed without affecting the remainder of the Gusto R&D | ||
| > | Services Agreement. The remaining terms will be valid and enforceable. Customer | > | Services Agreement. The remaining terms will be valid and enforceable. Customer | ||
| > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | ||
| > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | ||
| > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | ||
| > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | ||
| > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | ||
| > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | ||
| > | d their respective successors and permitted assigns. | > | d their respective successors and permitted assigns. | ||
| 10431 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | 10425 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | ||
| > | ces Agreement, including those regarding modifications to this Gusto R&D Service | > | ces Agreement, including those regarding modifications to this Gusto R&D Service | ||
| > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | ||
| > | or notices made by e-mail, the date of receipt will be deemed the date on which | > | or notices made by e-mail, the date of receipt will be deemed the date on which | ||
| > | such notice is given. For notices made by posting to the Platform, the date of s | > | such notice is given. For notices made by posting to the Platform, the date of s | ||
| > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | ||
| > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | ||
| > | not be considered a waiver of such right or provision. The waiver of any such r | > | not be considered a waiver of such right or provision. The waiver of any such r | ||
| > | ight or provision will be effective only if in writing and signed by a duly auth | > | ight or provision will be effective only if in writing and signed by a duly auth | ||
| > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | ||
| > | Services Agreement, the exercise by either party of any of its remedies under th | > | Services Agreement, the exercise by either party of any of its remedies under th | ||
| > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | ||
| > | under this Gusto R&D Services Agreement or otherwise. | > | under this Gusto R&D Services Agreement or otherwise. | ||
| 10432 | 21. Contact Information | 10426 | 21. Contact Information | ||
| n | 10433 | If Customer has any questions about this Agreement or the R&D Tax Credit Service | n | 10427 | If Customer has any questions about this Agreement or the R&D Tax Credit Service |
| > | s, Customer may contact Gusto at [email protected]. Gusto is located at 525 20th | > | s, Customer may contact Gusto at support@Gusto.com. Gusto is located at 525 20th | ||
| > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | ||
| > | a California resident, Customer may report complaints regarding the R&D Tax Cre | > | a California resident, Customer may report complaints regarding the R&D Tax Cre | ||
| > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | ||
| > | umer Services of the California Department of Consumer Affairs at: | > | umer Services of the California Department of Consumer Affairs at: | ||
| 10434 | Department of Consumer Affairs | 10428 | Department of Consumer Affairs | ||
| 10435 | Consumer Information Division | 10429 | Consumer Information Division | ||
| 10436 | 1625 North Market Blvd., Suite N 112 | 10430 | 1625 North Market Blvd., Suite N 112 | ||
| 10516 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | 10510 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | ||
| > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | ||
| > | standings, communications, and agreements, oral or written, regarding this subje | > | standings, communications, and agreements, oral or written, regarding this subje | ||
| > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | ||
| > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | ||
| > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Gusto R&D | > | , that section will be removed without affecting the remainder of the Gusto R&D | ||
| > | Services Agreement. The remaining terms will be valid and enforceable. Customer | > | Services Agreement. The remaining terms will be valid and enforceable. Customer | ||
| > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | ||
| > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | ||
| > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | ||
| > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | ||
| > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | ||
| > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | ||
| > | d their respective successors and permitted assigns. | > | d their respective successors and permitted assigns. | ||
| 10517 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | 10511 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | ||
| > | ces Agreement, including those regarding modifications to this Gusto R&D Service | > | ces Agreement, including those regarding modifications to this Gusto R&D Service | ||
| > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | ||
| > | or notices made by e-mail, the date of receipt will be deemed the date on which | > | or notices made by e-mail, the date of receipt will be deemed the date on which | ||
| > | such notice is given. For notices made by posting to the Platform, the date of s | > | such notice is given. For notices made by posting to the Platform, the date of s | ||
| > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | ||
| > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | ||
| > | not be considered a waiver of such right or provision. The waiver of any such r | > | not be considered a waiver of such right or provision. The waiver of any such r | ||
| > | ight or provision will be effective only if in writing and signed by a duly auth | > | ight or provision will be effective only if in writing and signed by a duly auth | ||
| > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | ||
| > | Services Agreement, the exercise by either party of any of its remedies under th | > | Services Agreement, the exercise by either party of any of its remedies under th | ||
| > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | ||
| > | under this Gusto R&D Services Agreement or otherwise. | > | under this Gusto R&D Services Agreement or otherwise. | ||
| 10518 | 21. Contact Information | 10512 | 21. Contact Information | ||
| n | 10519 | If Customer has any questions about this Agreement or the R&D Tax Credit Service | n | 10513 | If Customer has any questions about this Agreement or the R&D Tax Credit Service |
| > | s, Customer may contact Gusto at [email protected]. Gusto is located at 525 20th | > | s, Customer may contact Gusto at support@Gusto.com. Gusto is located at 525 20th | ||
| > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | ||
| > | a California resident, Customer may report complaints regarding the R&D Tax Cre | > | a California resident, Customer may report complaints regarding the R&D Tax Cre | ||
| > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | ||
| > | umer Services of the California Department of Consumer Affairs at: | > | umer Services of the California Department of Consumer Affairs at: | ||
| 10520 | Department of Consumer Affairs | 10514 | Department of Consumer Affairs | ||
| 10521 | Consumer Information Division | 10515 | Consumer Information Division | ||
| 10522 | 1625 North Market Blvd., Suite N 112 | 10516 | 1625 North Market Blvd., Suite N 112 | ||
| 10602 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | 10596 | This Gusto R&D Services Agreement constitutes the entire agreement between Gusto | ||
| > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | > | and Customer regarding the R&D Tax Credit Services and replaces all prior under | ||
| > | standings, communications, and agreements, oral or written, regarding this subje | > | standings, communications, and agreements, oral or written, regarding this subje | ||
| > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | > | ct matter. This Gusto R&D Services Agreement may be modified only by a written a | ||
| > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | > | mendment signed by the parties or as otherwise provided in Section 16. If any pa | ||
| > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | > | rt of this Gusto R&D Services Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Gusto R&D | > | , that section will be removed without affecting the remainder of the Gusto R&D | ||
| > | Services Agreement. The remaining terms will be valid and enforceable. Customer | > | Services Agreement. The remaining terms will be valid and enforceable. Customer | ||
| > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | > | may not assign this Gusto R&D Services Agreement, by operation of law or otherwi | ||
| > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | > | se, without Gusto’s or Gusto’s prior written consent. Any attempt by Customer to | ||
| > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | > | assign or transfer this Gusto R&D Services Agreement, without such consent, wil | ||
| > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | > | l be null. Gusto and Gusto may freely assign or transfer this Gusto R&D Services | ||
| > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | > | Agreement Agreement without restriction. The provisions of this Gusto R&D Servi | ||
| > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | > | ces Agreement shall inure to the benefit of, and be binding upon, the parties an | ||
| > | d their respective successors and permitted assigns. | > | d their respective successors and permitted assigns. | ||
| 10603 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | 10597 | Any notices or other communications provided by Gusto under this Gusto R&D Servi | ||
| > | ces Agreement, including those regarding modifications to this Gusto R&D Service | > | ces Agreement, including those regarding modifications to this Gusto R&D Service | ||
| > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | > | s Agreement, will be given: (i) via email; or (ii) by posting to the Platform. F | ||
| > | or notices made by e-mail, the date of receipt will be deemed the date on which | > | or notices made by e-mail, the date of receipt will be deemed the date on which | ||
| > | such notice is given. For notices made by posting to the Platform, the date of s | > | such notice is given. For notices made by posting to the Platform, the date of s | ||
| > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | > | uch posting will be deemed the date that notice is given. Gusto’s or Gusto’s fai | ||
| > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | > | lure to enforce any right or provision of this Gusto R&D Services Agreement will | ||
| > | not be considered a waiver of such right or provision. The waiver of any such r | > | not be considered a waiver of such right or provision. The waiver of any such r | ||
| > | ight or provision will be effective only if in writing and signed by a duly auth | > | ight or provision will be effective only if in writing and signed by a duly auth | ||
| > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | > | orized representative of Gusto. Except as expressly set forth in this Gusto R&D | ||
| > | Services Agreement, the exercise by either party of any of its remedies under th | > | Services Agreement, the exercise by either party of any of its remedies under th | ||
| > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | > | is Gusto R&D Services Agreement will be without prejudice to its other remedies | ||
| > | under this Gusto R&D Services Agreement or otherwise. | > | under this Gusto R&D Services Agreement or otherwise. | ||
| 10604 | 21. Contact Information | 10598 | 21. Contact Information | ||
| n | 10605 | If Customer has any questions about this Agreement or the R&D Tax Credit Service | n | 10599 | If Customer has any questions about this Agreement or the R&D Tax Credit Service |
| > | s, Customer may contact Gusto at [email protected]. Gusto is located at 525 20th | > | s, Customer may contact Gusto at support@Gusto.com. Gusto is located at 525 20th | ||
| > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | > | Street San Francisco, CA 94107. Ardius is a subsidiary of Gusto. If Customer is | ||
| > | a California resident, Customer may report complaints regarding the R&D Tax Cre | > | a California resident, Customer may report complaints regarding the R&D Tax Cre | ||
| > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | > | dit Services by contacting the Complaint Assistance Unit of the Division of Cons | ||
| > | umer Services of the California Department of Consumer Affairs at: | > | umer Services of the California Department of Consumer Affairs at: | ||
| 10606 | Department of Consumer Affairs | 10600 | Department of Consumer Affairs | ||
| 10607 | Consumer Information Division | 10601 | Consumer Information Division | ||
| 10608 | 1625 North Market Blvd., Suite N 112 | 10602 | 1625 North Market Blvd., Suite N 112 | ||
| 10681 | This Gusto R&D Services Agreement constitutes the entire agreement between Ardiu | 10675 | This Gusto R&D Services Agreement constitutes the entire agreement between Ardiu | ||
| > | s and Customer regarding the Gusto R&D Tax Credit Services and replaces all prio | > | s and Customer regarding the Gusto R&D Tax Credit Services and replaces all prio | ||
| > | r understandings, communications, and agreements, oral or written, regarding thi | > | r understandings, communications, and agreements, oral or written, regarding thi | ||
| > | s subject matter. This Gusto R&D Services Agreement may be modified only by a wr | > | s subject matter. This Gusto R&D Services Agreement may be modified only by a wr | ||
| > | itten amendment signed by the parties or as otherwise provided in Section 15. If | > | itten amendment signed by the parties or as otherwise provided in Section 15. If | ||
| > | any part of this Gusto R&D Services Agreement is deemed to be unenforceable or | > | any part of this Gusto R&D Services Agreement is deemed to be unenforceable or | ||
| > | invalid, that section will be removed without affecting the remainder of the Gus | > | invalid, that section will be removed without affecting the remainder of the Gus | ||
| > | to R&D Services Agreement. The remaining terms will be valid and enforceable. Cu | > | to R&D Services Agreement. The remaining terms will be valid and enforceable. Cu | ||
| > | stomer may not assign this Gusto R&D Services Agreement, by operation of law or | > | stomer may not assign this Gusto R&D Services Agreement, by operation of law or | ||
| > | otherwise, without Ardius’s or Gusto’s prior written consent. Any attempt by Cus | > | otherwise, without Ardius’s or Gusto’s prior written consent. Any attempt by Cus | ||
| > | tomer to assign or transfer this Gusto R&D Services Agreement, without such cons | > | tomer to assign or transfer this Gusto R&D Services Agreement, without such cons | ||
| > | ent, will be null. Ardius and Gusto may freely assign or transfer this Gusto R&D | > | ent, will be null. Ardius and Gusto may freely assign or transfer this Gusto R&D | ||
| > | Services Agreement Agreement without restriction. The provisions of this Gusto | > | Services Agreement Agreement without restriction. The provisions of this Gusto | ||
| > | R&D Services Agreement shall inure to the benefit of, and be binding upon, the p | > | R&D Services Agreement shall inure to the benefit of, and be binding upon, the p | ||
| > | arties and their respective successors and permitted assigns. | > | arties and their respective successors and permitted assigns. | ||
| 10682 | Any notices or other communications provided by Ardius or Gusto under this Gusto | 10676 | Any notices or other communications provided by Ardius or Gusto under this Gusto | ||
| > | R&D Services Agreement, including those regarding modifications to this Gusto R | > | R&D Services Agreement, including those regarding modifications to this Gusto R | ||
| > | &D Services Agreement, will be given: (i) via email; or (ii) by posting to the G | > | &D Services Agreement, will be given: (i) via email; or (ii) by posting to the G | ||
| > | usto Platform. For notices made by e-mail, the date of receipt will be deemed th | > | usto Platform. For notices made by e-mail, the date of receipt will be deemed th | ||
| > | e date on which such notice is given. For notices made by posting to the Platfor | > | e date on which such notice is given. For notices made by posting to the Platfor | ||
| > | m, the date of such posting will be deemed the date that notice is given. Ardius | > | m, the date of such posting will be deemed the date that notice is given. Ardius | ||
| > | ’s or Gusto’s failure to enforce any right or provision of this Gusto R&D Servic | > | ’s or Gusto’s failure to enforce any right or provision of this Gusto R&D Servic | ||
| > | es Agreement will not be considered a waiver of such right or provision. The wai | > | es Agreement will not be considered a waiver of such right or provision. The wai | ||
| > | ver of any such right or provision will be effective only if in writing and sign | > | ver of any such right or provision will be effective only if in writing and sign | ||
| > | ed by a duly authorized representative of Ardius. Except as expressly set forth | > | ed by a duly authorized representative of Ardius. Except as expressly set forth | ||
| > | in this Gusto R&D Services Agreement, the exercise by either party of any of its | > | in this Gusto R&D Services Agreement, the exercise by either party of any of its | ||
| > | remedies under this Gusto R&D Services Agreement will be without prejudice to i | > | remedies under this Gusto R&D Services Agreement will be without prejudice to i | ||
| > | ts other remedies under this Gusto R&D Services Agreement or otherwise. | > | ts other remedies under this Gusto R&D Services Agreement or otherwise. | ||
| 10683 | 21. Contact Information | 10677 | 21. Contact Information | ||
| n | 10684 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S | n | 10678 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S |
| > | ervices, Customer may contact Ardius at [email protected]. Ardius is a subsidiar | > | ervices, Customer may contact Ardius at support@ardius.com. Ardius is a subsidia | ||
| > | y of Gusto. Gusto is located at 525 20th Street San Francisco, CA 94107. If Cust | > | ry of Gusto. Gusto is located at 525 20th Street San Francisco, CA 94107. If Cus | ||
| > | omer is a California resident, Customer may report complaints regarding the Gust | > | tomer is a California resident, Customer may report complaints regarding the Gus | ||
| > | o R&D Tax Credit Services by contacting the Complaint Assistance Unit of the Div | > | to R&D Tax Credit Services by contacting the Complaint Assistance Unit of the Di | ||
| > | ision of Consumer Services of the California Department of Consumer Affairs at: | > | vision of Consumer Services of the California Department of Consumer Affairs at: | ||
| 10685 | Department of Consumer Affairs | 10679 | Department of Consumer Affairs | ||
| 10686 | Consumer Information Division | 10680 | Consumer Information Division | ||
| 10687 | 1625 North Market Blvd., Suite N 112 | 10681 | 1625 North Market Blvd., Suite N 112 | ||
| 10770 | This Ardius R&D Agreement constitutes the entire agreement between Ardius and Cu | 10764 | This Ardius R&D Agreement constitutes the entire agreement between Ardius and Cu | ||
| > | stomer regarding the Gusto R&D Tax Credit Service Powered by Ardius and replaces | > | stomer regarding the Gusto R&D Tax Credit Service Powered by Ardius and replaces | ||
| > | all prior understandings, communications, and agreements, oral or written, rega | > | all prior understandings, communications, and agreements, oral or written, rega | ||
| > | rding this subject matter. This Ardius R&D Agreement may be modified only by a w | > | rding this subject matter. This Ardius R&D Agreement may be modified only by a w | ||
| > | ritten amendment signed by the parties or as otherwise provided in Section 12. I | > | ritten amendment signed by the parties or as otherwise provided in Section 12. I | ||
| > | f any part of this Ardius R&D Agreement is deemed to be unenforceable or invalid | > | f any part of this Ardius R&D Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Ardius R&D | > | , that section will be removed without affecting the remainder of the Ardius R&D | ||
| > | Agreement. The remaining terms will be valid and enforceable. Customer may not | > | Agreement. The remaining terms will be valid and enforceable. Customer may not | ||
| > | assign this Ardius R&D Agreement, by operation of law or otherwise, without Ardi | > | assign this Ardius R&D Agreement, by operation of law or otherwise, without Ardi | ||
| > | us’s prior written consent. Any attempt by User to assign or transfer this Ardiu | > | us’s prior written consent. Any attempt by User to assign or transfer this Ardiu | ||
| > | s R&D Agreement, without such consent, will be null. Ardius may freely assign or | > | s R&D Agreement, without such consent, will be null. Ardius may freely assign or | ||
| > | transfer this Ardius R&D Agreement Agreement without restriction. The provision | > | transfer this Ardius R&D Agreement Agreement without restriction. The provision | ||
| > | s of this Ardius R&D Agreement shall inure to the benefit of, and be binding upo | > | s of this Ardius R&D Agreement shall inure to the benefit of, and be binding upo | ||
| > | n, the parties and their respective successors and permitted assigns. | > | n, the parties and their respective successors and permitted assigns. | ||
| 10771 | Any notices or other communications provided by Ardius under this Ardius R&D Agr | 10765 | Any notices or other communications provided by Ardius under this Ardius R&D Agr | ||
| > | eement, including those regarding modifications to this Ardius R&D Agreement, wi | > | eement, including those regarding modifications to this Ardius R&D Agreement, wi | ||
| > | ll be given: (i) via email; or (ii) by posting to the Platform. For notices made | > | ll be given: (i) via email; or (ii) by posting to the Platform. For notices made | ||
| > | by e-mail, the date of receipt will be deemed the date on which such notice is | > | by e-mail, the date of receipt will be deemed the date on which such notice is | ||
| > | given. For notices made by posting to the Platform, the date of such posting wil | > | given. For notices made by posting to the Platform, the date of such posting wil | ||
| > | l be deemed the date that notice is given. Ardius’s failure to enforce any right | > | l be deemed the date that notice is given. Ardius’s failure to enforce any right | ||
| > | or provision of this Ardius R&D Agreement will not be considered a waiver of su | > | or provision of this Ardius R&D Agreement will not be considered a waiver of su | ||
| > | ch right or provision. The waiver of any such right or provision will be effecti | > | ch right or provision. The waiver of any such right or provision will be effecti | ||
| > | ve only if in writing and signed by a duly authorized representative of Ardius. | > | ve only if in writing and signed by a duly authorized representative of Ardius. | ||
| > | Except as expressly set forth in this Ardius R&D Agreement, the exercise by eith | > | Except as expressly set forth in this Ardius R&D Agreement, the exercise by eith | ||
| > | er party of any of its remedies under this Ardius R&D Agreement will be without | > | er party of any of its remedies under this Ardius R&D Agreement will be without | ||
| > | prejudice to its other remedies under this Ardius R&D Agreement or otherwise. | > | prejudice to its other remedies under this Ardius R&D Agreement or otherwise. | ||
| 10772 | Contact Information | 10766 | Contact Information | ||
| n | 10773 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S | n | 10767 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S |
| > | ervice Powered by Ardius, Customer may contact Ardius at [email protected]. Ardi | > | ervice Powered by Ardius, Customer may contact Ardius at support@ardius.com. Ard | ||
| > | us is a subsidiary of Gusto. Gusto, the provider of the Gusto Platform, is locat | > | ius is a subsidiary of Gusto. Gusto, the provider of the Gusto Platform, is loca | ||
| > | ed at 525 20th Street San Francisco, CA 94107. If Customer is a California resid | > | ted at 525 20th Street San Francisco, CA 94107. If Customer is a California resi | ||
| > | ent, Customer may report complaints regarding the Gusto R&D Tax Credit Service P | > | dent, Customer may report complaints regarding the Gusto R&D Tax Credit Service | ||
| > | owered by Ardius by contacting the Complaint Assistance Unit of the Division of | > | Powered by Ardius by contacting the Complaint Assistance Unit of the Division of | ||
| > | Consumer Services of the California Department of Consumer Affairs at: | > | Consumer Services of the California Department of Consumer Affairs at: | ||
| 10774 | Department of Consumer Affairs | 10768 | Department of Consumer Affairs | ||
| 10775 | Consumer Information Division | 10769 | Consumer Information Division | ||
| 10776 | 1625 North Market Blvd., Suite N 112 | 10770 | 1625 North Market Blvd., Suite N 112 | ||
| 10859 | This Ardius R&D Agreement constitutes the entire agreement between Ardius and Cu | 10853 | This Ardius R&D Agreement constitutes the entire agreement between Ardius and Cu | ||
| > | stomer regarding the Gusto R&D Tax Credit Service Powered by Ardius and replaces | > | stomer regarding the Gusto R&D Tax Credit Service Powered by Ardius and replaces | ||
| > | all prior understandings, communications, and agreements, oral or written, rega | > | all prior understandings, communications, and agreements, oral or written, rega | ||
| > | rding this subject matter. This Ardius R&D Agreement may be modified only by a w | > | rding this subject matter. This Ardius R&D Agreement may be modified only by a w | ||
| > | ritten amendment signed by the parties or as otherwise provided in Section 12. I | > | ritten amendment signed by the parties or as otherwise provided in Section 12. I | ||
| > | f any part of this Ardius R&D Agreement is deemed to be unenforceable or invalid | > | f any part of this Ardius R&D Agreement is deemed to be unenforceable or invalid | ||
| > | , that section will be removed without affecting the remainder of the Ardius R&D | > | , that section will be removed without affecting the remainder of the Ardius R&D | ||
| > | Agreement. The remaining terms will be valid and enforceable. Customer may not | > | Agreement. The remaining terms will be valid and enforceable. Customer may not | ||
| > | assign this Ardius R&D Agreement, by operation of law or otherwise, without Ardi | > | assign this Ardius R&D Agreement, by operation of law or otherwise, without Ardi | ||
| > | us’s prior written consent. Any attempt by User to assign or transfer this Ardiu | > | us’s prior written consent. Any attempt by User to assign or transfer this Ardiu | ||
| > | s R&D Agreement, without such consent, will be null. Ardius may freely assign or | > | s R&D Agreement, without such consent, will be null. Ardius may freely assign or | ||
| > | transfer this Ardius R&D Agreement Agreement without restriction. The provision | > | transfer this Ardius R&D Agreement Agreement without restriction. The provision | ||
| > | s of this Ardius R&D Agreement shall inure to the benefit of, and be binding upo | > | s of this Ardius R&D Agreement shall inure to the benefit of, and be binding upo | ||
| > | n, the parties and their respective successors and permitted assigns. | > | n, the parties and their respective successors and permitted assigns. | ||
| 10860 | Any notices or other communications provided by Ardius under this Ardius R&D Agr | 10854 | Any notices or other communications provided by Ardius under this Ardius R&D Agr | ||
| > | eement, including those regarding modifications to this Ardius R&D Agreement, wi | > | eement, including those regarding modifications to this Ardius R&D Agreement, wi | ||
| > | ll be given: (i) via email; or (ii) by posting to the Platform. For notices made | > | ll be given: (i) via email; or (ii) by posting to the Platform. For notices made | ||
| > | by e-mail, the date of receipt will be deemed the date on which such notice is | > | by e-mail, the date of receipt will be deemed the date on which such notice is | ||
| > | given. For notices made by posting to the Platform, the date of such posting wil | > | given. For notices made by posting to the Platform, the date of such posting wil | ||
| > | l be deemed the date that notice is given. Ardius’s failure to enforce any right | > | l be deemed the date that notice is given. Ardius’s failure to enforce any right | ||
| > | or provision of this Ardius R&D Agreement will not be considered a waiver of su | > | or provision of this Ardius R&D Agreement will not be considered a waiver of su | ||
| > | ch right or provision. The waiver of any such right or provision will be effecti | > | ch right or provision. The waiver of any such right or provision will be effecti | ||
| > | ve only if in writing and signed by a duly authorized representative of Ardius. | > | ve only if in writing and signed by a duly authorized representative of Ardius. | ||
| > | Except as expressly set forth in this Ardius R&D Agreement, the exercise by eith | > | Except as expressly set forth in this Ardius R&D Agreement, the exercise by eith | ||
| > | er party of any of its remedies under this Ardius R&D Agreement will be without | > | er party of any of its remedies under this Ardius R&D Agreement will be without | ||
| > | prejudice to its other remedies under this Ardius R&D Agreement or otherwise. | > | prejudice to its other remedies under this Ardius R&D Agreement or otherwise. | ||
| 10861 | Contact Information | 10855 | Contact Information | ||
| n | 10862 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S | n | 10856 | If Customer has any questions about this Agreement or the Gusto R&D Tax Credit S |
| > | ervice Powered by Ardius, Customer may contact Ardius at [email protected]. Ardi | > | ervice Powered by Ardius, Customer may contact Ardius at support@ardius.com. Ard | ||
| > | us is a subsidiary of Gusto. Gusto, the provider of the Gusto Platform, is locat | > | ius is a subsidiary of Gusto. Gusto, the provider of the Gusto Platform, is loca | ||
| > | ed at 525 20th Street San Francisco, CA 94107. If Customer is a California resid | > | ted at 525 20th Street San Francisco, CA 94107. If Customer is a California resi | ||
| > | ent, Customer may report complaints regarding the Gusto R&D Tax Credit Service P | > | dent, Customer may report complaints regarding the Gusto R&D Tax Credit Service | ||
| > | owered by Ardius by contacting the Complaint Assistance Unit of the Division of | > | Powered by Ardius by contacting the Complaint Assistance Unit of the Division of | ||
| > | Consumer Services of the California Department of Consumer Affairs at: | > | Consumer Services of the California Department of Consumer Affairs at: | ||
| 10863 | Department of Consumer Affairs | 10857 | Department of Consumer Affairs | ||
| 10864 | Consumer Information Division | 10858 | Consumer Information Division | ||
| 10865 | 1625 North Market Blvd., Suite N 112 | 10859 | 1625 North Market Blvd., Suite N 112 | ||
| 10938 | This Gusto R&D Tax Credit Service powered by Ardius Agreement constitutes the en | 10932 | This Gusto R&D Tax Credit Service powered by Ardius Agreement constitutes the en | ||
| > | tire agreement between Ardius and Customer regarding the Platform and Gusto R&D | > | tire agreement between Ardius and Customer regarding the Platform and Gusto R&D | ||
| > | Tax Credit Service powered by Ardius and replaces all prior understandings, comm | > | Tax Credit Service powered by Ardius and replaces all prior understandings, comm | ||
| > | unications, and agreements, oral or written, regarding this subject matter. This | > | unications, and agreements, oral or written, regarding this subject matter. This | ||
| > | Gusto R&D Tax Credit Service powered by Ardius Agreement may be modified only b | > | Gusto R&D Tax Credit Service powered by Ardius Agreement may be modified only b | ||
| > | y a written amendment signed by the parties or as otherwise provided in Section | > | y a written amendment signed by the parties or as otherwise provided in Section | ||
| > | 12. If any part of this Gusto R&D Tax Credit Service powered by Ardius Agreement | > | 12. If any part of this Gusto R&D Tax Credit Service powered by Ardius Agreement | ||
| > | is deemed to be unenforceable or invalid, that section will be removed without | > | is deemed to be unenforceable or invalid, that section will be removed without | ||
| > | affecting the remainder of the Gusto R&D Tax Credit Service powered by Ardius Ag | > | affecting the remainder of the Gusto R&D Tax Credit Service powered by Ardius Ag | ||
| > | reement. The remaining terms will be valid and enforceable. Customer may not ass | > | reement. The remaining terms will be valid and enforceable. Customer may not ass | ||
| > | ign this Gusto R&D Tax Credit Service powered by Ardius Agreement, by operation | > | ign this Gusto R&D Tax Credit Service powered by Ardius Agreement, by operation | ||
| > | of law or otherwise, without Ardius’s prior written consent. Any attempt by User | > | of law or otherwise, without Ardius’s prior written consent. Any attempt by User | ||
| > | to assign or transfer this Gusto R&D Tax Credit Service powered by Ardius Agree | > | to assign or transfer this Gusto R&D Tax Credit Service powered by Ardius Agree | ||
| > | ment, without such consent, will be null. Ardius may freely assign or transfer t | > | ment, without such consent, will be null. Ardius may freely assign or transfer t | ||
| > | his Gusto R&D Tax Credit Service powered by Ardius Agreement without restriction | > | his Gusto R&D Tax Credit Service powered by Ardius Agreement without restriction | ||
| > | . The provisions of this Gusto R&D Tax Credit Service powered by Ardius Agreemen | > | . The provisions of this Gusto R&D Tax Credit Service powered by Ardius Agreemen | ||
| > | t shall inure to the benefit of, and be binding upon, the parties and their resp | > | t shall inure to the benefit of, and be binding upon, the parties and their resp | ||
| > | ective successors and permitted assigns. | > | ective successors and permitted assigns. | ||
| 10939 | Any notices or other communications provided by Ardius under this Gusto R&D Tax | 10933 | Any notices or other communications provided by Ardius under this Gusto R&D Tax | ||
| > | Credit Service powered by Ardius Agreement, including those regarding modificati | > | Credit Service powered by Ardius Agreement, including those regarding modificati | ||
| > | ons to this Gusto R&D Tax Credit Service powered by Ardius Agreement, will be gi | > | ons to this Gusto R&D Tax Credit Service powered by Ardius Agreement, will be gi | ||
| > | ven: (i) via email; or (ii) by posting to the Platform. For notices made by e-ma | > | ven: (i) via email; or (ii) by posting to the Platform. For notices made by e-ma | ||
| > | il, the date of receipt will be deemed the date on which such notice is given. F | > | il, the date of receipt will be deemed the date on which such notice is given. F | ||
| > | or notices made by posting to the Platform, the date of such posting will be dee | > | or notices made by posting to the Platform, the date of such posting will be dee | ||
| > | med the date that notice is given. Ardius’s failure to enforce any right or prov | > | med the date that notice is given. Ardius’s failure to enforce any right or prov | ||
| > | ision of this Gusto R&D Tax Credit Service powered by Ardius Agreement will not | > | ision of this Gusto R&D Tax Credit Service powered by Ardius Agreement will not | ||
| > | be considered a waiver of such right or provision. The waiver of any such right | > | be considered a waiver of such right or provision. The waiver of any such right | ||
| > | or provision will be effective only if in writing and signed by a duly authorize | > | or provision will be effective only if in writing and signed by a duly authorize | ||
| > | d representative of Ardius. Except as expressly set forth in this Gusto R&D Tax | > | d representative of Ardius. Except as expressly set forth in this Gusto R&D Tax | ||
| > | Credit Service powered by Ardius Agreement, the exercise by either party of any | > | Credit Service powered by Ardius Agreement, the exercise by either party of any | ||
| > | of its remedies under this Gusto R&D Tax Credit Service powered by Ardius Agreem | > | of its remedies under this Gusto R&D Tax Credit Service powered by Ardius Agreem | ||
| > | ent will be without prejudice to its other remedies under this Gusto R&D Tax Cre | > | ent will be without prejudice to its other remedies under this Gusto R&D Tax Cre | ||
| > | dit Service powered by Ardius Agreement or otherwise. | > | dit Service powered by Ardius Agreement or otherwise. | ||
| 10940 | Contact Information | 10934 | Contact Information | ||
| n | 10941 | If Customer has any questions about this Agreement, the Platform, or the Gusto R | n | 10935 | If Customer has any questions about this Agreement, the Platform, or the Gusto R |
| > | &D Tax Credit Service powered by Ardius, Customer may contact Ardius at [email p | > | &D Tax Credit Service powered by Ardius, Customer may contact Ardius at support@ | ||
| > | rotected]. Ardius is a subsidiary of Gusto. Gusto, the provider of the Platform, | > | ardius.com. Ardius is a subsidiary of Gusto. Gusto, the provider of the Platform | ||
| > | is located at 525 20th Street San Francisco, CA 94107. If Customer is a Califor | > | , is located at 525 20th Street San Francisco, CA 94107. If Customer is a Califo | ||
| > | nia resident, Customer may report complaints regarding the Gusto R&D Tax Credit | > | rnia resident, Customer may report complaints regarding the Gusto R&D Tax Credit | ||
| > | Service powered by Ardius by contacting the Complaint Assistance Unit of the Div | > | Service powered by Ardius by contacting the Complaint Assistance Unit of the Di | ||
| > | ision of Consumer Services of the California Department of Consumer Affairs at: | > | vision of Consumer Services of the California Department of Consumer Affairs at: | ||
| 10942 | Department of Consumer Affairs | 10936 | Department of Consumer Affairs | ||
| 10943 | Consumer Information Division | 10937 | Consumer Information Division | ||
| 10944 | 1625 North Market Blvd., Suite N 112 | 10938 | 1625 North Market Blvd., Suite N 112 | ||
| 11017 | This Gusto R&D Tax Credit Service powered by Ardius Agreement constitutes the en | 11011 | This Gusto R&D Tax Credit Service powered by Ardius Agreement constitutes the en | ||
| > | tire agreement between Ardius and Customer regarding the Platform and Gusto R&D | > | tire agreement between Ardius and Customer regarding the Platform and Gusto R&D | ||
| > | Tax Credit Service powered by Ardius and replaces all prior understandings, comm | > | Tax Credit Service powered by Ardius and replaces all prior understandings, comm | ||
| > | unications, and agreements, oral or written, regarding this subject matter. This | > | unications, and agreements, oral or written, regarding this subject matter. This | ||
| > | Gusto R&D Tax Credit Service powered by Ardius Agreement may be modified only b | > | Gusto R&D Tax Credit Service powered by Ardius Agreement may be modified only b | ||
| > | y a written amendment signed by the parties or as otherwise provided in Section | > | y a written amendment signed by the parties or as otherwise provided in Section | ||
| > | 12. If any part of this Gusto R&D Tax Credit Service powered by Ardius Agreement | > | 12. If any part of this Gusto R&D Tax Credit Service powered by Ardius Agreement | ||
| > | is deemed to be unenforceable or invalid, that section will be removed without | > | is deemed to be unenforceable or invalid, that section will be removed without | ||
| > | affecting the remainder of the Gusto R&D Tax Credit Service powered by Ardius Ag | > | affecting the remainder of the Gusto R&D Tax Credit Service powered by Ardius Ag | ||
| > | reement. The remaining terms will be valid and enforceable. Customer may not ass | > | reement. The remaining terms will be valid and enforceable. Customer may not ass | ||
| > | ign this Gusto R&D Tax Credit Service powered by Ardius Agreement, by operation | > | ign this Gusto R&D Tax Credit Service powered by Ardius Agreement, by operation | ||
| > | of law or otherwise, without Ardius’s prior written consent. Any attempt by User | > | of law or otherwise, without Ardius’s prior written consent. Any attempt by User | ||
| > | to assign or transfer this Gusto R&D Tax Credit Service powered by Ardius Agree | > | to assign or transfer this Gusto R&D Tax Credit Service powered by Ardius Agree | ||
| > | ment, without such consent, will be null. Ardius may freely assign or transfer t | > | ment, without such consent, will be null. Ardius may freely assign or transfer t | ||
| > | his Gusto R&D Tax Credit Service powered by Ardius Agreement without restriction | > | his Gusto R&D Tax Credit Service powered by Ardius Agreement without restriction | ||
| > | . The provisions of this Gusto R&D Tax Credit Service powered by Ardius Agreemen | > | . The provisions of this Gusto R&D Tax Credit Service powered by Ardius Agreemen | ||
| > | t shall inure to the benefit of, and be binding upon, the parties and their resp | > | t shall inure to the benefit of, and be binding upon, the parties and their resp | ||
| > | ective successors and permitted assigns. | > | ective successors and permitted assigns. | ||
| 11018 | Any notices or other communications provided by Ardius under this Gusto R&D Tax | 11012 | Any notices or other communications provided by Ardius under this Gusto R&D Tax | ||
| > | Credit Service powered by Ardius Agreement, including those regarding modificati | > | Credit Service powered by Ardius Agreement, including those regarding modificati | ||
| > | ons to this Gusto R&D Tax Credit Service powered by Ardius Agreement, will be gi | > | ons to this Gusto R&D Tax Credit Service powered by Ardius Agreement, will be gi | ||
| > | ven: (i) via email; or (ii) by posting to the Platform. For notices made by e-ma | > | ven: (i) via email; or (ii) by posting to the Platform. For notices made by e-ma | ||
| > | il, the date of receipt will be deemed the date on which such notice is given. F | > | il, the date of receipt will be deemed the date on which such notice is given. F | ||
| > | or notices made by posting to the Platform, the date of such posting will be dee | > | or notices made by posting to the Platform, the date of such posting will be dee | ||
| > | med the date that notice is given. Ardius’s failure to enforce any right or prov | > | med the date that notice is given. Ardius’s failure to enforce any right or prov | ||
| > | ision of this Gusto R&D Tax Credit Service powered by Ardius Agreement will not | > | ision of this Gusto R&D Tax Credit Service powered by Ardius Agreement will not | ||
| > | be considered a waiver of such right or provision. The waiver of any such right | > | be considered a waiver of such right or provision. The waiver of any such right | ||
| > | or provision will be effective only if in writing and signed by a duly authorize | > | or provision will be effective only if in writing and signed by a duly authorize | ||
| > | d representative of Ardius. Except as expressly set forth in this Gusto R&D Tax | > | d representative of Ardius. Except as expressly set forth in this Gusto R&D Tax | ||
| > | Credit Service powered by Ardius Agreement, the exercise by either party of any | > | Credit Service powered by Ardius Agreement, the exercise by either party of any | ||
| > | of its remedies under this Gusto R&D Tax Credit Service powered by Ardius Agreem | > | of its remedies under this Gusto R&D Tax Credit Service powered by Ardius Agreem | ||
| > | ent will be without prejudice to its other remedies under this Gusto R&D Tax Cre | > | ent will be without prejudice to its other remedies under this Gusto R&D Tax Cre | ||
| > | dit Service powered by Ardius Agreement or otherwise. | > | dit Service powered by Ardius Agreement or otherwise. | ||
| 11019 | Contact Information | 11013 | Contact Information | ||
| n | 11020 | If Customer has any questions about this Agreement, the Platform, or the Gusto R | n | 11014 | If Customer has any questions about this Agreement, the Platform, or the Gusto R |
| > | &D Tax Credit Service powered by Ardius, Customer may contact Ardius at [email p | > | &D Tax Credit Service powered by Ardius, Customer may contact Ardius at support@ | ||
| > | rotected]. Ardius is a subsidiary of Gusto. Gusto, the provider of the Platform, | > | ardius.com. Ardius is a subsidiary of Gusto. Gusto, the provider of the Platform | ||
| > | is located at 525 20th Street San Francisco, CA 94107. If Customer is a Califor | > | , is located at 525 20th Street San Francisco, CA 94107. If Customer is a Califo | ||
| > | nia resident, Customer may report complaints regarding the Gusto R&D Tax Credit | > | rnia resident, Customer may report complaints regarding the Gusto R&D Tax Credit | ||
| > | Service powered by Ardius by contacting the Complaint Assistance Unit of the Div | > | Service powered by Ardius by contacting the Complaint Assistance Unit of the Di | ||
| > | ision of Consumer Services of the California Department of Consumer Affairs at: | > | vision of Consumer Services of the California Department of Consumer Affairs at: | ||
| 11021 | Department of Consumer Affairs | 11015 | Department of Consumer Affairs | ||
| 11022 | Consumer Information Division | 11016 | Consumer Information Division | ||
| 11023 | 1625 North Market Blvd., Suite N 112 | 11017 | 1625 North Market Blvd., Suite N 112 | ||
| 11224 | Gusto is not responsible or liable for any delays or failures in performance fro | 11218 | Gusto is not responsible or liable for any delays or failures in performance fro | ||
| > | m any cause beyond Gusto’s control, including, but not limited to, acts of God, | > | m any cause beyond Gusto’s control, including, but not limited to, acts of God, | ||
| > | changes to laws or regulations, embargoes, wars, pandemics, terrorist acts, acts | > | changes to laws or regulations, embargoes, wars, pandemics, terrorist acts, acts | ||
| > | or omissions of third-party technology providers, riots, fires, earthquakes, fl | > | or omissions of third-party technology providers, riots, fires, earthquakes, fl | ||
| > | oods, power outages, strikes, weather conditions, lost, stolen, delayed, or misr | > | oods, power outages, strikes, weather conditions, lost, stolen, delayed, or misr | ||
| > | outed mail, acts of hackers, acts of internet or mail service providers, acts of | > | outed mail, acts of hackers, acts of internet or mail service providers, acts of | ||
| > | any other third party, or acts or omissions of Customer. | > | any other third party, or acts or omissions of Customer. | ||
| 11225 | Any change to the products or services offered by any of the aforementioned thir | 11219 | Any change to the products or services offered by any of the aforementioned thir | ||
| > | d parties may materially and adversely affect, or entirely disable, Customer’s u | > | d parties may materially and adversely affect, or entirely disable, Customer’s u | ||
| > | se of or access to the Gusto Platform and the Gusto Services. Likewise, Gusto ca | > | se of or access to the Gusto Platform and the Gusto Services. Likewise, Gusto ca | ||
| > | nnot guarantee that any Customer information hosted on a third-party server will | > | nnot guarantee that any Customer information hosted on a third-party server will | ||
| > | remain secure. | > | remain secure. | ||
| 11226 | 13. Lost, Delayed, or Misrouted Checks | 11220 | 13. Lost, Delayed, or Misrouted Checks | ||
| n | 11227 | In the event that any Printed and Mailed Payments are lost, delayed, misrouted, | n | 11221 | In the event that any Printed and Mailed Payments are lost, delayed, misrouted, |
| > | or otherwise not received by the payee in the time estimated at submission, Cust | > | or otherwise not received by the payee in the time estimated at submission, Cust | ||
| > | omer should contact Gusto directly at [email protected] for assistance in resolv | > | omer should contact Gusto directly at checks@gusto.com for assistance in resolvi | ||
| > | ing the issue. | > | ng the issue. | ||
| 11228 | 14. Limitation of Liability | 11222 | 14. Limitation of Liability | ||
| 11229 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | 11223 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | ||
| > | he Check Printing and Mailing Service; (ii) any information obtained from or thr | > | he Check Printing and Mailing Service; (ii) any information obtained from or thr | ||
| > | ough the Check Printing and Mailing Service; (iii) any delayed, lost, or misrout | > | ough the Check Printing and Mailing Service; (iii) any delayed, lost, or misrout | ||
| > | ed mail due to the actions of Customer, Lob, the USPS or other third parties, wh | > | ed mail due to the actions of Customer, Lob, the USPS or other third parties, wh | ||
| > | ich are beyond the control of Gusto (as explained in Sections 12 and 13 herein); | > | ich are beyond the control of Gusto (as explained in Sections 12 and 13 herein); | ||
| > | (iv) Customer’s reliance upon the information presented within the Check Printi | > | (iv) Customer’s reliance upon the information presented within the Check Printi | ||
| > | ng and Mailing Service; (v) the cost of substitute services arising out of or in | > | ng and Mailing Service; (v) the cost of substitute services arising out of or in | ||
| > | connection with the Check Printing and Mailing Customer Agreement or from the i | > | connection with the Check Printing and Mailing Customer Agreement or from the i | ||
| > | nability to use the Gusto Platform; (vi) Customer’s failure to properly follow a | > | nability to use the Gusto Platform; (vi) Customer’s failure to properly follow a | ||
| > | ny Gusto’s or Lob’s instructions with respect to the Check Printing and Mailing | > | ny Gusto’s or Lob’s instructions with respect to the Check Printing and Mailing | ||
| > | Service; or (vii) any interruption in the Check Printing and Mailing Serviceor o | > | Service; or (vii) any interruption in the Check Printing and Mailing Serviceor o | ||
| > | ther error or violation of applicable law as a result of Customer’s failure to f | > | ther error or violation of applicable law as a result of Customer’s failure to f | ||
| > | ulfill its obligations under the Check Printing and Mailing Customer Agreement. | > | ulfill its obligations under the Check Printing and Mailing Customer Agreement. | ||
| > | Maximum liability is amounts actually paid in the six (6) month period immediate | > | Maximum liability is amounts actually paid in the six (6) month period immediate | ||
| > | ly preceding the date of the claim up to a maximum of $1,000. Recovery of the ab | > | ly preceding the date of the claim up to a maximum of $1,000. Recovery of the ab | ||
| > | ove amount is the sole and exclusive remedy. | > | ove amount is the sole and exclusive remedy. | ||
| 11230 | Effective April 28th 2021 to October 26th 2023 | 11224 | Effective April 28th 2021 to October 26th 2023 | ||
| 11263 | Gusto is not responsible or liable for any delays or failures in performance fro | 11257 | Gusto is not responsible or liable for any delays or failures in performance fro | ||
| > | m any cause beyond Gusto’s control, including, but not limited to, acts of God, | > | m any cause beyond Gusto’s control, including, but not limited to, acts of God, | ||
| > | changes to laws or regulations, embargoes, wars, pandemics, terrorist acts, acts | > | changes to laws or regulations, embargoes, wars, pandemics, terrorist acts, acts | ||
| > | or omissions of third-party technology providers, riots, fires, earthquakes, fl | > | or omissions of third-party technology providers, riots, fires, earthquakes, fl | ||
| > | oods, power outages, strikes, weather conditions, lost, stolen, delayed, or misr | > | oods, power outages, strikes, weather conditions, lost, stolen, delayed, or misr | ||
| > | outed mail, acts of hackers, acts of internet or mail service providers, acts of | > | outed mail, acts of hackers, acts of internet or mail service providers, acts of | ||
| > | any other third party, or acts or omissions of Customer. | > | any other third party, or acts or omissions of Customer. | ||
| 11264 | Any change to the products or services offered by any of the aforementioned thir | 11258 | Any change to the products or services offered by any of the aforementioned thir | ||
| > | d parties may materially and adversely affect, or entirely disable, Customer’s u | > | d parties may materially and adversely affect, or entirely disable, Customer’s u | ||
| > | se of or access to the Gusto Platform and the Gusto Services. Likewise, Gusto ca | > | se of or access to the Gusto Platform and the Gusto Services. Likewise, Gusto ca | ||
| > | nnot guarantee that any Customer information hosted on a third-party server will | > | nnot guarantee that any Customer information hosted on a third-party server will | ||
| > | remain secure. | > | remain secure. | ||
| 11265 | 13. Lost, Delayed, or Misrouted Checks | 11259 | 13. Lost, Delayed, or Misrouted Checks | ||
| n | 11266 | In the event that any Printed and Mailed Payments are lost, delayed, misrouted, | n | 11260 | In the event that any Printed and Mailed Payments are lost, delayed, misrouted, |
| > | or otherwise not received by the payee in the time estimated at submission, Cust | > | or otherwise not received by the payee in the time estimated at submission, Cust | ||
| > | omer should contact Gusto directly at [email protected] for assistance in resolv | > | omer should contact Gusto directly at checks@gusto.com for assistance in resolvi | ||
| > | ing the issue. | > | ng the issue. | ||
| 11267 | 14. Limitation of Liability | 11261 | 14. Limitation of Liability | ||
| 11268 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | 11262 | Gusto is not responsible or liable for: (i) Customer’s use or inability to use t | ||
| > | he Check Printing and Mailing Service; (ii) any information obtained from or thr | > | he Check Printing and Mailing Service; (ii) any information obtained from or thr | ||
| > | ough the Check Printing and Mailing Service; (iii) any delayed, lost, or misrout | > | ough the Check Printing and Mailing Service; (iii) any delayed, lost, or misrout | ||
| > | ed mail due to the actions of Customer, Lob, the USPS or other third parties, wh | > | ed mail due to the actions of Customer, Lob, the USPS or other third parties, wh | ||
| > | ich are beyond the control of Gusto (as explained in Sections 11 and 12 herein); | > | ich are beyond the control of Gusto (as explained in Sections 11 and 12 herein); | ||
| > | (iv) Customer’s reliance upon the information presented within the Check Printi | > | (iv) Customer’s reliance upon the information presented within the Check Printi | ||
| > | ng and Mailing Service; (v) the cost of substitute services arising out of or in | > | ng and Mailing Service; (v) the cost of substitute services arising out of or in | ||
| > | connection with the Check Printing and Mailing Customer Agreement or from the i | > | connection with the Check Printing and Mailing Customer Agreement or from the i | ||
| > | nability to use the Gusto Platform; (vi) Customer’s failure to properly follow a | > | nability to use the Gusto Platform; (vi) Customer’s failure to properly follow a | ||
| > | ny Gusto’s or Lob’s instructions with respect to the Check Printing and Mailing | > | ny Gusto’s or Lob’s instructions with respect to the Check Printing and Mailing | ||
| > | Service; or (vii) any interruption in the Check Printing and Mailing Service or | > | Service; or (vii) any interruption in the Check Printing and Mailing Service or | ||
| > | other error or violation of applicable law as a result of Customer’s failure to | > | other error or violation of applicable law as a result of Customer’s failure to | ||
| > | fulfill its obligations under the Check Printing and Mailing Customer Agreement. | > | fulfill its obligations under the Check Printing and Mailing Customer Agreement. | ||
| > | Maximum liability is amounts actually paid in the six (6) month period immediat | > | Maximum liability is amounts actually paid in the six (6) month period immediat | ||
| > | ely preceding the date of the claim up to a maximum of $1,000. Recovery of the a | > | ely preceding the date of the claim up to a maximum of $1,000. Recovery of the a | ||
| > | bove amount is the sole and exclusive remedy. | > | bove amount is the sole and exclusive remedy. | ||
| 11269 | Learning Management System Terms of Service | 11263 | Learning Management System Terms of Service | ||
| 11445 | D. Responsibility for Compliance with Legal Requirements | 11439 | D. Responsibility for Compliance with Legal Requirements | ||
| 11446 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | 11440 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | ||
| > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | ||
| > | onsor (as applicable). Such requirements and responsibilities may include, but a | > | onsor (as applicable). Such requirements and responsibilities may include, but a | ||
| > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | ||
| > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | ||
| > | ocuments and requirements (as applicable). | > | ocuments and requirements (as applicable). | ||
| 11447 | E. Responsibility to Ensure Receipt of Information | 11441 | E. Responsibility to Ensure Receipt of Information | ||
| n | 11448 | Customer is solely responsible for ensuring the receipt of any data or informati | n | 11442 | Customer is solely responsible for ensuring the receipt of any data or informati |
| > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | ||
| > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | ||
| > | determines that any information transferred via the 401(k) Automation Service wa | > | determines that any information transferred via the 401(k) Automation Service wa | ||
| > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | ||
| > | fy the Eligible Plan Provider. Customer must also notify Gusto at [email protect | > | fy the Eligible Plan Provider. Customer must also notify Gusto at 401kimplementa | ||
| > | ed]. | > | tion@gusto.com. | ||
| 11449 | 2. Service Fees and Charges | 11443 | 2. Service Fees and Charges | ||
| 11450 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | 11444 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | ||
| > | ted in Customer’s Employer Account. | > | ted in Customer’s Employer Account. | ||
| 11451 | 3. No Fiduciary Relationship; No Investment Advice | 11445 | 3. No Fiduciary Relationship; No Investment Advice | ||
| 11474 | D. Responsibility for Compliance with Legal Requirements | 11468 | D. Responsibility for Compliance with Legal Requirements | ||
| 11475 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | 11469 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | ||
| > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | ||
| > | onsor (as applicable). Such requirements and responsibilities may include, but a | > | onsor (as applicable). Such requirements and responsibilities may include, but a | ||
| > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | ||
| > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | ||
| > | ocuments and requirements (as applicable). | > | ocuments and requirements (as applicable). | ||
| 11476 | E. Responsibility to Ensure Receipt of Information | 11470 | E. Responsibility to Ensure Receipt of Information | ||
| n | 11477 | Customer is solely responsible for ensuring the receipt of any data or informati | n | 11471 | Customer is solely responsible for ensuring the receipt of any data or informati |
| > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | ||
| > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | ||
| > | determines that any information transferred via the 401(k) Automation Service wa | > | determines that any information transferred via the 401(k) Automation Service wa | ||
| > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | ||
| > | fy the Eligible Plan Provider. Customer must also notify Gusto at [email protect | > | fy the Eligible Plan Provider. Customer must also notify Gusto at 401kimplementa | ||
| > | ed]. | > | tion@gusto.com. | ||
| 11478 | 2. Service Fees and Charges | 11472 | 2. Service Fees and Charges | ||
| 11479 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | 11473 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | ||
| > | ted in Customer’s Employer Account. | > | ted in Customer’s Employer Account. | ||
| 11480 | 3. No Fiduciary Relationship; No Investment Advice | 11474 | 3. No Fiduciary Relationship; No Investment Advice | ||
| 11503 | D. Responsibility for Compliance with Legal Requirements | 11497 | D. Responsibility for Compliance with Legal Requirements | ||
| 11504 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | 11498 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | ||
| > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | ||
| > | onsor (as applicable). Such requirements and responsibilities may include, but a | > | onsor (as applicable). Such requirements and responsibilities may include, but a | ||
| > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | ||
| > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | ||
| > | ocuments and requirements (as applicable). | > | ocuments and requirements (as applicable). | ||
| 11505 | E. Responsibility to Ensure Receipt of Information | 11499 | E. Responsibility to Ensure Receipt of Information | ||
| n | 11506 | Customer is solely responsible for ensuring the receipt of any data or informati | n | 11500 | Customer is solely responsible for ensuring the receipt of any data or informati |
| > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | ||
| > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | ||
| > | determines that any information transferred via the 401(k) Automation Service wa | > | determines that any information transferred via the 401(k) Automation Service wa | ||
| > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | > | s not received by Customer’s Eligible Plan Provider, Customer must promptly noti | ||
| > | fy the Eligible Plan Provider. Customer must also notify Gusto at [email protect | > | fy the Eligible Plan Provider. Customer must also notify Gusto at 401kimplementa | ||
| > | ed]. | > | tion@gusto.com. | ||
| 11507 | 2. Service Fees and Charges | 11501 | 2. Service Fees and Charges | ||
| 11508 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | 11502 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | ||
| > | ted in Customer’s Employer Account. | > | ted in Customer’s Employer Account. | ||
| 11509 | 3. No Fiduciary Relationship; No Investment Advice | 11503 | 3. No Fiduciary Relationship; No Investment Advice | ||
| 11533 | D. Responsibility for Compliance with Legal Requirements | 11527 | D. Responsibility for Compliance with Legal Requirements | ||
| 11534 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | 11528 | Customer is solely responsible for ensuring Customer’s compliance with applicabl | ||
| > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | > | e legal requirements, including Customer’s fiduciary responsibilities as plan sp | ||
| > | onsor (as applicable). Such requirements and responsibilities may include, but a | > | onsor (as applicable). Such requirements and responsibilities may include, but a | ||
| > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | > | re not limited to, Customer’s obligation to ensure that Customer’s 401(k) retire | ||
| > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | > | ment plan is administered in accordance with Customer’s 401(k) retirement plan d | ||
| > | ocuments and requirements (as applicable). | > | ocuments and requirements (as applicable). | ||
| 11535 | E. Responsibility to Ensure Receipt of Information | 11529 | E. Responsibility to Ensure Receipt of Information | ||
| n | 11536 | Customer is solely responsible for ensuring the receipt of any data or informati | n | 11530 | Customer is solely responsible for ensuring the receipt of any data or informati |
| > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | > | on transferred from their Employer Account to their 401(k) Plan Account or Eligi | ||
| > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | > | ble Plan Provider via the 401(k) Automation Service. In the event that Customer | ||
| > | determines that any information transferred via the 401(k) Automation Service wa | > | determines that any information transferred via the 401(k) Automation Service wa | ||
| > | s not received by Customer’s Eligible Plan Provider or in Customer’s 401(k) Plan | > | s not received by Customer’s Eligible Plan Provider or in Customer’s 401(k) Plan | ||
| > | Account, Customer must promptly notify Eligible Plan Provider and inform Gusto | > | Account, Customer must promptly notify Eligible Plan Provider and inform Gusto | ||
| > | of the same via email at [email protected]. | > | of the same via email at 401kimplementation@gusto.com. | ||
| 11537 | 2. Service Fees and Charges | 11531 | 2. Service Fees and Charges | ||
| 11538 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | 11532 | Customer agrees to pay the Service Fee for the 401(k) Automation Services as lis | ||
| > | ted in Customer’s Employer Account. | > | ted in Customer’s Employer Account. | ||
| 11539 | 3. No Fiduciary Relationship; No Investment Advice | 11533 | 3. No Fiduciary Relationship; No Investment Advice | ||
| 11564 | 5. Service Fees and Charges | 11558 | 5. Service Fees and Charges | ||
| 11565 | In accordance with Section 2 of the Gusto Terms, Gusto shall invoice, and Pilot | 11559 | In accordance with Section 2 of the Gusto Terms, Gusto shall invoice, and Pilot | ||
| > | Customer agrees to pay, a service fee of $40 per month for the 401(k) Integratio | > | Customer agrees to pay, a service fee of $40 per month for the 401(k) Integratio | ||
| > | ns Pilot Services (“401(k) Integrations Pilot Service Fees”). Gusto reserves the | > | ns Pilot Services (“401(k) Integrations Pilot Service Fees”). Gusto reserves the | ||
| > | right to update the 401(k) Integrations Pilot Service Fees at any time in its s | > | right to update the 401(k) Integrations Pilot Service Fees at any time in its s | ||
| > | ole discretion. | > | ole discretion. | ||
| 11566 | 6. Gusto has No Liability for the Accuracy or Completeness of Information Transf | 11560 | 6. Gusto has No Liability for the Accuracy or Completeness of Information Transf | ||
| > | erred to or from Pilot Customer’s 401(k) Plan Account or Pilot Customer’s Eligib | > | erred to or from Pilot Customer’s 401(k) Plan Account or Pilot Customer’s Eligib | ||
| > | le Plan Provider | > | le Plan Provider | ||
| n | 11567 | Gusto is not responsible for monitoring, verifying, or otherwise taking any step | n | 11561 | Gusto is not responsible for monitoring, verifying, or otherwise taking any step |
| > | s to ensure that information transferred from Pilot Customer’s Gusto Account to | > | s to ensure that information transferred from Pilot Customer’s Gusto Account to | ||
| > | Pilot Customer’s 401(k) Plan Account via the 401(k) Integrations Pilot Service i | > | Pilot Customer’s 401(k) Plan Account via the 401(k) Integrations Pilot Service i | ||
| > | s received in the Pilot Customer’s 401(k) Plan Account and/or by Pilot Customer’ | > | s received in the Pilot Customer’s 401(k) Plan Account and/or by Pilot Customer’ | ||
| > | s Eligible Plan Provider. Pilot Customer acknowledges that they are solely respo | > | s Eligible Plan Provider. Pilot Customer acknowledges that they are solely respo | ||
| > | nsible for ensuring the receipt of any data or information transferred from thei | > | nsible for ensuring the receipt of any data or information transferred from thei | ||
| > | r Gusto Account to their 401(k) Plan Account or Eligible Plan Provider via the 4 | > | r Gusto Account to their 401(k) Plan Account or Eligible Plan Provider via the 4 | ||
| > | 01(k) Integrations Pilot Service. In the event that Pilot Customer verifies that | > | 01(k) Integrations Pilot Service. In the event that Pilot Customer verifies that | ||
| > | information transferred via the 401(k) Integrations Pilot Service was not recei | > | information transferred via the 401(k) Integrations Pilot Service was not recei | ||
| > | ved by Pilot Customer’s Eligible Plan Provider or in Pilot Customer’s 401(k) Pla | > | ved by Pilot Customer’s Eligible Plan Provider or in Pilot Customer’s 401(k) Pla | ||
| > | n Account, Pilot Customer shall promptly notify Gusto of the same via email at [ | > | n Account, Pilot Customer shall promptly notify Gusto of the same via email at 4 | ||
| > | email protected]. Gusto is not responsible for ensuring the accuracy or complete | > | 01kbeta@gusto.com. Gusto is not responsible for ensuring the accuracy or complet | ||
| > | ness of information transferred via the 401(k) Integrations Pilot Service. | > | eness of information transferred via the 401(k) Integrations Pilot Service. | ||
| 11568 | Without limiting the scope of Section 3 of these Pilot Terms, Pilot Customer als | 11562 | Without limiting the scope of Section 3 of these Pilot Terms, Pilot Customer als | ||
| > | o acknowledges that Pilot Customer is solely responsible for ensuring the accura | > | o acknowledges that Pilot Customer is solely responsible for ensuring the accura | ||
| > | cy and completeness of information provided to Gusto (including without limitati | > | cy and completeness of information provided to Gusto (including without limitati | ||
| > | on payroll data, employee contribution information, severance payment informatio | > | on payroll data, employee contribution information, severance payment informatio | ||
| > | n, among other things) in order to perform the Gusto Payroll Service and the 401 | > | n, among other things) in order to perform the Gusto Payroll Service and the 401 | ||
| > | (k) Integrations Pilot Service. Where Pilot Customer fails to ensure the accurac | > | (k) Integrations Pilot Service. Where Pilot Customer fails to ensure the accurac | ||
| > | y and completeness of such information Pilot Customer understands and accepts th | > | y and completeness of such information Pilot Customer understands and accepts th | ||
| > | at the information provided to Pilot Customer’s 401(k) Plan Account may also be | > | at the information provided to Pilot Customer’s 401(k) Plan Account may also be | ||
| > | inaccurate or incomplete, and Pilot Customer shall be solely responsible for suc | > | inaccurate or incomplete, and Pilot Customer shall be solely responsible for suc | ||
| > | h inaccuracies and any claims or penalties arising from such inaccuracies (inclu | > | h inaccuracies and any claims or penalties arising from such inaccuracies (inclu | ||
| > | ding, without limitation, IRS penalties and/or interest). | > | ding, without limitation, IRS penalties and/or interest). | ||
| 11569 | Pilot Customer acknowledges and agrees that the 401(k) Integrations Pilot Servic | 11563 | Pilot Customer acknowledges and agrees that the 401(k) Integrations Pilot Servic | ||
| > | e does not include financial advice, investment advice, investment management ad | > | e does not include financial advice, investment advice, investment management ad | ||
| > | vice, accounting advice, or any other professional advice or guidance of any kin | > | vice, accounting advice, or any other professional advice or guidance of any kin | ||
| > | d. Any information that Gusto provides in connection with the 401(k) Integration | > | d. Any information that Gusto provides in connection with the 401(k) Integration | ||
| > | s Pilot Service is for informational purposes only and should not be construed b | > | s Pilot Service is for informational purposes only and should not be construed b | ||
| > | y Pilot Customer as legal, tax, or accounting advice. Gusto recommends that Pilo | > | y Pilot Customer as legal, tax, or accounting advice. Gusto recommends that Pilo | ||
| > | t Customer consult with a legal counsel or tax expert prior to Pilot Customer’s | > | t Customer consult with a legal counsel or tax expert prior to Pilot Customer’s | ||
| > | use of the 401(k) Integrations Pilot Service. | > | use of the 401(k) Integrations Pilot Service. | ||
| 11570 | 7. Privacy | 11564 | 7. Privacy | ||
| 11738 | 24. Notice | 11732 | 24. Notice | ||
| 11739 | Except as otherwise set forth in these Developer Terms, all notices, demands and | 11733 | Except as otherwise set forth in these Developer Terms, all notices, demands and | ||
| > | other communications to be given or delivered under or by reason of the provisi | > | other communications to be given or delivered under or by reason of the provisi | ||
| > | ons of these Developer Terms will be in writing and sent to the parties accordin | > | ons of these Developer Terms will be in writing and sent to the parties accordin | ||
| > | g to the contact information provided below. Developer is responsible for timely | > | g to the contact information provided below. Developer is responsible for timely | ||
| > | updating the email address affiliated with the Developer Account: | > | updating the email address affiliated with the Developer Account: | ||
| 11740 | To Developer: At the email address associated with the Developer Account on file | 11734 | To Developer: At the email address associated with the Developer Account on file | ||
| > | with Gusto. | > | with Gusto. | ||
| n | 11741 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop | n | 11735 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop |
| > | y to [email protected]. | > | y to legal@gusto.com. | ||
| 11742 | Effective September 12th 2023 to October 26th 2023 | 11736 | Effective September 12th 2023 to October 26th 2023 | ||
| 11743 | Download | 11737 | Download | ||
| 11744 | Table of Contents | 11738 | Table of Contents | ||
| 11844 | 24. Notice | 11838 | 24. Notice | ||
| 11845 | Except as otherwise set forth in these Developer Terms, all notices, demands and | 11839 | Except as otherwise set forth in these Developer Terms, all notices, demands and | ||
| > | other communications to be given or delivered under or by reason of the provisi | > | other communications to be given or delivered under or by reason of the provisi | ||
| > | ons of these Developer Terms will be in writing and sent to the parties accordin | > | ons of these Developer Terms will be in writing and sent to the parties accordin | ||
| > | g to the contact information provided below. Developer is responsible for timely | > | g to the contact information provided below. Developer is responsible for timely | ||
| > | updating the email address affiliated with the Developer Account: | > | updating the email address affiliated with the Developer Account: | ||
| 11846 | To Developer: At the email address associated with the Developer Account on file | 11840 | To Developer: At the email address associated with the Developer Account on file | ||
| > | with Gusto. | > | with Gusto. | ||
| n | 11847 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop | n | 11841 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop |
| > | y to [email protected]. | > | y to legal@gusto.com. | ||
| 11848 | Effective March 18th 2021 to September 12th 2023 | 11842 | Effective March 18th 2021 to September 12th 2023 | ||
| 11849 | Download | 11843 | Download | ||
| 11850 | Table of Contents | 11844 | Table of Contents | ||
| 11942 | 23. Notice | 11936 | 23. Notice | ||
| 11943 | Except as otherwise set forth in these Developer Terms, all notices, demands and | 11937 | Except as otherwise set forth in these Developer Terms, all notices, demands and | ||
| > | other communications to be given or delivered under or by reason of the provisi | > | other communications to be given or delivered under or by reason of the provisi | ||
| > | ons of these Developer Terms will be in writing and sent to the parties accordin | > | ons of these Developer Terms will be in writing and sent to the parties accordin | ||
| > | g to the contact information provided below: | > | g to the contact information provided below: | ||
| 11944 | To Developer: At the address (physical or email) on file with Gusto. | 11938 | To Developer: At the address (physical or email) on file with Gusto. | ||
| n | 11945 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop | n | 11939 | To Gusto: Gusto, Attn: Legal, 525 20th Street, San Francisco, CA 94107, with cop |
| > | y to [email protected]. | > | y to legal@gusto.com. | ||
| 11946 | Referral Rewards Terms | 11940 | Referral Rewards Terms | ||
| 11947 | Version | 11941 | Version | ||
| 11948 | Version 17.0 (Current) | 11942 | Version 17.0 (Current) | ||
| 12398 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12392 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | ||
| > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | ||
| > | fect the administration, security, fairness, or proper conduct of the Contest. I | > | fect the administration, security, fairness, or proper conduct of the Contest. I | ||
| > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | ||
| > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | ||
| > | e right, in its sole discretion, to disqualify any individual who tampers or att | > | e right, in its sole discretion, to disqualify any individual who tampers or att | ||
| > | empts to tamper with the entry process or the operation of the Contest or violat | > | empts to tamper with the entry process or the operation of the Contest or violat | ||
| > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | ||
| > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | ||
| > | sponses, or other correspondence, whether by email or postal mail or otherwise; | > | sponses, or other correspondence, whether by email or postal mail or otherwise; | ||
| > | (ii) theft, destruction, unauthorized access to or alterations of entry material | > | (ii) theft, destruction, unauthorized access to or alterations of entry material | ||
| > | s; or (iii) phone, electrical, network, computer, hardware, software program or | > | s; or (iii) phone, electrical, network, computer, hardware, software program or | ||
| > | transmission malfunctions, failures or difficulties or any technical hardware or | > | transmission malfunctions, failures or difficulties or any technical hardware or | ||
| > | software failures of any kind, which may limit a person’s ability to participat | > | software failures of any kind, which may limit a person’s ability to participat | ||
| > | e in the Contest. | > | e in the Contest. | ||
| 12399 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12393 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as X, from any liability, losses, claims, or damages that may occur, dir | > | as well as X, from any liability, losses, claims, or damages that may occur, dir | ||
| > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | ||
| > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | ||
| > | any prize or portion thereof; (ii) technical failures of any kind, including but | > | any prize or portion thereof; (ii) technical failures of any kind, including but | ||
| > | not limited to the malfunction of any computer, cell phone, network, hardware, | > | not limited to the malfunction of any computer, cell phone, network, hardware, | ||
| > | website, application, or software; (iii) the unavailability or inaccessibility o | > | website, application, or software; (iii) the unavailability or inaccessibility o | ||
| > | f any internet services; (iv) unauthorized human intervention in any part of the | > | f any internet services; (iv) unauthorized human intervention in any part of the | ||
| > | Entry process or the Contest; and (v) electronic or human error in the administ | > | Entry process or the Contest; and (v) electronic or human error in the administ | ||
| > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | ||
| > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | ||
| > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | ||
| > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | ||
| > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | ||
| > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | ||
| > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | ||
| > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | ||
| > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | ||
| > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | ||
| > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | ||
| > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | ||
| > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | ||
| > | T APPLY TO YOU. | > | T APPLY TO YOU. | ||
| 12400 | Personal Information. Gusto may collect personal data about entrants online, in | 12394 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://s.com/legal/privacy. | > | vely be found at https://s.com/legal/privacy. | ||
| n | 12401 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12395 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Contest Winners” as the email subject. Requests must be received wi | > | @gusto.com with “Contest Winners” as the email subject. Requests must be receive | ||
| > | thin four (4) weeks of the end of the Contest Entry Period. The Winners list wil | > | d within four (4) weeks of the end of the Contest Entry Period. The Winners list | ||
| > | l be available after all Winners have been verified. | > | will be available after all Winners have been verified. | ||
| 12402 | Disputes. This Contest is governed by the laws of the United States and the Stat | 12396 | Disputes. This Contest is governed by the laws of the United States and the Stat | ||
| > | e of California, without respect to conflict of law doctrines. As a condition of | > | e of California, without respect to conflict of law doctrines. As a condition of | ||
| > | participating in this Contest, Entrant agrees that any and all disputes that ca | > | participating in this Contest, Entrant agrees that any and all disputes that ca | ||
| > | nnot be resolved between the parties, and causes of action arising out of or rel | > | nnot be resolved between the parties, and causes of action arising out of or rel | ||
| > | ated to this Contest, shall be resolved individually, without resort to any form | > | ated to this Contest, shall be resolved individually, without resort to any form | ||
| > | of class action, exclusively before a court located in California having jurisd | > | of class action, exclusively before a court located in California having jurisd | ||
| > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | ||
| > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | ||
| > | or consequential damages, including reasonable attorney’s fees, other than parti | > | or consequential damages, including reasonable attorney’s fees, other than parti | ||
| > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | ||
| > | s Contest). Entrant further waives all rights to have damages multiplied or incr | > | s Contest). Entrant further waives all rights to have damages multiplied or incr | ||
| > | eased. | > | eased. | ||
| 12403 | Effective April 21st 2025 to April 23rd 2025 | 12397 | Effective April 21st 2025 to April 23rd 2025 | ||
| 12404 | Download | 12398 | Download | ||
| 12417 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12411 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | ||
| > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | ||
| > | fect the administration, security, fairness, or proper conduct of the Contest. I | > | fect the administration, security, fairness, or proper conduct of the Contest. I | ||
| > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | ||
| > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | ||
| > | e right, in its sole discretion, to disqualify any individual who tampers or att | > | e right, in its sole discretion, to disqualify any individual who tampers or att | ||
| > | empts to tamper with the entry process or the operation of the Contest or violat | > | empts to tamper with the entry process or the operation of the Contest or violat | ||
| > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | ||
| > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | ||
| > | sponses, or other correspondence, whether by email or postal mail or otherwise; | > | sponses, or other correspondence, whether by email or postal mail or otherwise; | ||
| > | (ii) theft, destruction, unauthorized access to or alterations of entry material | > | (ii) theft, destruction, unauthorized access to or alterations of entry material | ||
| > | s; or (iii) phone, electrical, network, computer, hardware, software program or | > | s; or (iii) phone, electrical, network, computer, hardware, software program or | ||
| > | transmission malfunctions, failures or difficulties or any technical hardware or | > | transmission malfunctions, failures or difficulties or any technical hardware or | ||
| > | software failures of any kind, which may limit a person’s ability to participat | > | software failures of any kind, which may limit a person’s ability to participat | ||
| > | e in the Contest. | > | e in the Contest. | ||
| 12418 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12412 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as X, from any liability, losses, claims, or damages that may occur, dir | > | as well as X, from any liability, losses, claims, or damages that may occur, dir | ||
| > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | ||
| > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | ||
| > | any prize or portion thereof; (ii) technical failures of any kind, including but | > | any prize or portion thereof; (ii) technical failures of any kind, including but | ||
| > | not limited to the malfunction of any computer, cell phone, network, hardware, | > | not limited to the malfunction of any computer, cell phone, network, hardware, | ||
| > | website, application, or software; (iii) the unavailability or inaccessibility o | > | website, application, or software; (iii) the unavailability or inaccessibility o | ||
| > | f any internet services; (iv) unauthorized human intervention in any part of the | > | f any internet services; (iv) unauthorized human intervention in any part of the | ||
| > | Entry process or the Contest; and (v) electronic or human error in the administ | > | Entry process or the Contest; and (v) electronic or human error in the administ | ||
| > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | ||
| > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | ||
| > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | ||
| > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | ||
| > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | ||
| > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | ||
| > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | ||
| > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | ||
| > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | ||
| > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | ||
| > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | ||
| > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | ||
| > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | ||
| > | T APPLY TO YOU. | > | T APPLY TO YOU. | ||
| 12419 | Personal Information. Gusto may collect personal data about entrants online, in | 12413 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://s.com/legal/privacy. | > | vely be found at https://s.com/legal/privacy. | ||
| n | 12420 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12414 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Contest Winners” as the email subject. Requests must be received wi | > | @gusto.com with “Contest Winners” as the email subject. Requests must be receive | ||
| > | thin four (4) weeks of the end of the Contest Entry Period. The Winners list wil | > | d within four (4) weeks of the end of the Contest Entry Period. The Winners list | ||
| > | l be available after all Winners have been verified. | > | will be available after all Winners have been verified. | ||
| 12421 | Disputes. This Contest is governed by the laws of the United States and the Stat | 12415 | Disputes. This Contest is governed by the laws of the United States and the Stat | ||
| > | e of California, without respect to conflict of law doctrines. As a condition of | > | e of California, without respect to conflict of law doctrines. As a condition of | ||
| > | participating in this Contest, Entrant agrees that any and all disputes that ca | > | participating in this Contest, Entrant agrees that any and all disputes that ca | ||
| > | nnot be resolved between the parties, and causes of action arising out of or rel | > | nnot be resolved between the parties, and causes of action arising out of or rel | ||
| > | ated to this Contest, shall be resolved individually, without resort to any form | > | ated to this Contest, shall be resolved individually, without resort to any form | ||
| > | of class action, exclusively before a court located in California having jurisd | > | of class action, exclusively before a court located in California having jurisd | ||
| > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | ||
| > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | ||
| > | or consequential damages, including reasonable attorney’s fees, other than parti | > | or consequential damages, including reasonable attorney’s fees, other than parti | ||
| > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | ||
| > | s Contest). Entrant further waives all rights to have damages multiplied or incr | > | s Contest). Entrant further waives all rights to have damages multiplied or incr | ||
| > | eased. | > | eased. | ||
| 12422 | Effective March 25th 2025 to April 21st 2025 | 12416 | Effective March 25th 2025 to April 21st 2025 | ||
| 12423 | Download | 12417 | Download | ||
| 12436 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12430 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | ||
| > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | ||
| > | fect the administration, security, fairness, or proper conduct of the Contest. I | > | fect the administration, security, fairness, or proper conduct of the Contest. I | ||
| > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | ||
| > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | ||
| > | e right, in its sole discretion, to disqualify any individual who tampers or att | > | e right, in its sole discretion, to disqualify any individual who tampers or att | ||
| > | empts to tamper with the entry process or the operation of the Contest or violat | > | empts to tamper with the entry process or the operation of the Contest or violat | ||
| > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | ||
| > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | ||
| > | sponses, or other correspondence, whether by email or postal mail or otherwise; | > | sponses, or other correspondence, whether by email or postal mail or otherwise; | ||
| > | (ii) theft, destruction, unauthorized access to or alterations of entry material | > | (ii) theft, destruction, unauthorized access to or alterations of entry material | ||
| > | s; or (iii) phone, electrical, network, computer, hardware, software program or | > | s; or (iii) phone, electrical, network, computer, hardware, software program or | ||
| > | transmission malfunctions, failures or difficulties or any technical hardware or | > | transmission malfunctions, failures or difficulties or any technical hardware or | ||
| > | software failures of any kind, which may limit a person’s ability to participat | > | software failures of any kind, which may limit a person’s ability to participat | ||
| > | e in the Contest. | > | e in the Contest. | ||
| 12437 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12431 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as X, from any liability, losses, claims, or damages that may occur, dir | > | as well as X, from any liability, losses, claims, or damages that may occur, dir | ||
| > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | ||
| > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | ||
| > | any prize or portion thereof; (ii) technical failures of any kind, including but | > | any prize or portion thereof; (ii) technical failures of any kind, including but | ||
| > | not limited to the malfunction of any computer, cell phone, network, hardware, | > | not limited to the malfunction of any computer, cell phone, network, hardware, | ||
| > | website, application, or software; (iii) the unavailability or inaccessibility o | > | website, application, or software; (iii) the unavailability or inaccessibility o | ||
| > | f any internet services; (iv) unauthorized human intervention in any part of the | > | f any internet services; (iv) unauthorized human intervention in any part of the | ||
| > | Entry process or the Contest; and (v) electronic or human error in the administ | > | Entry process or the Contest; and (v) electronic or human error in the administ | ||
| > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | ||
| > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | ||
| > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | ||
| > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | ||
| > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | ||
| > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | ||
| > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | ||
| > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | ||
| > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | ||
| > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | ||
| > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | ||
| > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | ||
| > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | ||
| > | T APPLY TO YOU. | > | T APPLY TO YOU. | ||
| 12438 | Personal Information. Gusto may collect personal data about entrants online, in | 12432 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://s.com/legal/privacy. | > | vely be found at https://s.com/legal/privacy. | ||
| n | 12439 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12433 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Contest Winners” as the email subject. Requests must be received wi | > | @gusto.com with “Contest Winners” as the email subject. Requests must be receive | ||
| > | thin four (4) weeks of the end of the Contest Entry Period. The Winners list wil | > | d within four (4) weeks of the end of the Contest Entry Period. The Winners list | ||
| > | l be available after all Winners have been verified. | > | will be available after all Winners have been verified. | ||
| 12440 | Disputes. This Contest is governed by the laws of the United States and the Stat | 12434 | Disputes. This Contest is governed by the laws of the United States and the Stat | ||
| > | e of California, without respect to conflict of law doctrines. As a condition of | > | e of California, without respect to conflict of law doctrines. As a condition of | ||
| > | participating in this Contest, Entrant agrees that any and all disputes that ca | > | participating in this Contest, Entrant agrees that any and all disputes that ca | ||
| > | nnot be resolved between the parties, and causes of action arising out of or rel | > | nnot be resolved between the parties, and causes of action arising out of or rel | ||
| > | ated to this Contest, shall be resolved individually, without resort to any form | > | ated to this Contest, shall be resolved individually, without resort to any form | ||
| > | of class action, exclusively before a court located in California having jurisd | > | of class action, exclusively before a court located in California having jurisd | ||
| > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | ||
| > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | ||
| > | or consequential damages, including reasonable attorney’s fees, other than parti | > | or consequential damages, including reasonable attorney’s fees, other than parti | ||
| > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | ||
| > | s Contest). Entrant further waives all rights to have damages multiplied or incr | > | s Contest). Entrant further waives all rights to have damages multiplied or incr | ||
| > | eased. | > | eased. | ||
| 12441 | Effective February 25th 2025 to March 25th 2025 | 12435 | Effective February 25th 2025 to March 25th 2025 | ||
| 12442 | Download | 12436 | Download | ||
| 12455 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12449 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | > | terminate, modify, or suspend the Contest should a virus, bug, non-authorized h | ||
| > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | > | uman intervention, fraud, or other cause(s) beyond Gusto’s control corrupt or af | ||
| > | fect the administration, security, fairness, or proper conduct of the Contest. I | > | fect the administration, security, fairness, or proper conduct of the Contest. I | ||
| > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | > | n such a case, Gusto may select Winner(s) from all eligible Entries received pri | ||
| > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | > | or to and/or after (if appropriate) the action taken by Gusto. Gusto reserves th | ||
| > | e right, in its sole discretion, to disqualify any individual who tampers or att | > | e right, in its sole discretion, to disqualify any individual who tampers or att | ||
| > | empts to tamper with the entry process or the operation of the Contest or violat | > | empts to tamper with the entry process or the operation of the Contest or violat | ||
| > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | > | es these Official Rules. Gusto is not responsible for (i) late, lost, delayed, d | ||
| > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | > | amaged, incomplete, illegible, garbled, misdirected or undeliverable entries, re | ||
| > | sponses, or other correspondence, whether by email or postal mail or otherwise; | > | sponses, or other correspondence, whether by email or postal mail or otherwise; | ||
| > | (ii) theft, destruction, unauthorized access to or alterations of entry material | > | (ii) theft, destruction, unauthorized access to or alterations of entry material | ||
| > | s; or (iii) phone, electrical, network, computer, hardware, software program or | > | s; or (iii) phone, electrical, network, computer, hardware, software program or | ||
| > | transmission malfunctions, failures or difficulties or any technical hardware or | > | transmission malfunctions, failures or difficulties or any technical hardware or | ||
| > | software failures of any kind, which may limit a person’s ability to participat | > | software failures of any kind, which may limit a person’s ability to participat | ||
| > | e in the Contest. | > | e in the Contest. | ||
| 12456 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12450 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as X, from any liability, losses, claims, or damages that may occur, dir | > | as well as X, from any liability, losses, claims, or damages that may occur, dir | ||
| > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | ||
| > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | > | rticipation in the Contest and/or the acceptance, possession, use, or misuse of | ||
| > | any prize or portion thereof; (ii) technical failures of any kind, including but | > | any prize or portion thereof; (ii) technical failures of any kind, including but | ||
| > | not limited to the malfunction of any computer, cell phone, network, hardware, | > | not limited to the malfunction of any computer, cell phone, network, hardware, | ||
| > | website, application, or software; (iii) the unavailability or inaccessibility o | > | website, application, or software; (iii) the unavailability or inaccessibility o | ||
| > | f any internet services; (iv) unauthorized human intervention in any part of the | > | f any internet services; (iv) unauthorized human intervention in any part of the | ||
| > | Entry process or the Contest; and (v) electronic or human error in the administ | > | Entry process or the Contest; and (v) electronic or human error in the administ | ||
| > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | > | ration of the Contest or the processing of Entries. BY ENTERING THE CONTEST, ENT | ||
| > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | > | RANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) ANY AND ALL CLAIMS | ||
| > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | > | , JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COST | ||
| > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | > | S INCURRED IN PARTICIPATING IN THE CONTEST (IF ANY) NOT TO EXCEED TEN DOLLARS ($ | ||
| > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | > | 10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (II) UND | ||
| > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | > | ER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND E | ||
| > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | > | NTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCID | ||
| > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | > | ENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, | ||
| > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | > | OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND | ||
| > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | > | /OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (III) ENTR | ||
| > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | > | ANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRR | ||
| > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | > | EVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICT | ||
| > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | > | IONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NO | ||
| > | T APPLY TO YOU. | > | T APPLY TO YOU. | ||
| 12457 | Personal Information. Gusto may collect personal data about entrants online, in | 12451 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://s.com/legal/privacy. | > | vely be found at https://s.com/legal/privacy. | ||
| n | 12458 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12452 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Contest Winners” as the email subject. Requests must be received wi | > | @gusto.com with “Contest Winners” as the email subject. Requests must be receive | ||
| > | thin four (4) weeks of the end of the Contest Entry Period. The Winners list wil | > | d within four (4) weeks of the end of the Contest Entry Period. The Winners list | ||
| > | l be available after all Winners have been verified. | > | will be available after all Winners have been verified. | ||
| 12459 | Disputes. This Contest is governed by the laws of the United States and the Stat | 12453 | Disputes. This Contest is governed by the laws of the United States and the Stat | ||
| > | e of California, without respect to conflict of law doctrines. As a condition of | > | e of California, without respect to conflict of law doctrines. As a condition of | ||
| > | participating in this Contest, Entrant agrees that any and all disputes that ca | > | participating in this Contest, Entrant agrees that any and all disputes that ca | ||
| > | nnot be resolved between the parties, and causes of action arising out of or rel | > | nnot be resolved between the parties, and causes of action arising out of or rel | ||
| > | ated to this Contest, shall be resolved individually, without resort to any form | > | ated to this Contest, shall be resolved individually, without resort to any form | ||
| > | of class action, exclusively before a court located in California having jurisd | > | of class action, exclusively before a court located in California having jurisd | ||
| > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | > | iction. Further, in any dispute, under no circumstances shall Entrant be permitt | ||
| > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | > | ed to obtain awards for, and hereby waives all rights to, punitive, incidental, | ||
| > | or consequential damages, including reasonable attorney’s fees, other than parti | > | or consequential damages, including reasonable attorney’s fees, other than parti | ||
| > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | > | cipant’s actual out-of-pocket expenses (i.e., costs associated with entering thi | ||
| > | s Contest). Entrant further waives all rights to have damages multiplied or incr | > | s Contest). Entrant further waives all rights to have damages multiplied or incr | ||
| > | eased. | > | eased. | ||
| 12460 | Effective February 18th 2025 to February 25th 2025 | 12454 | Effective February 18th 2025 to February 25th 2025 | ||
| 12461 | Download | 12455 | Download | ||
| 12513 | Download | 12507 | Download | ||
| 12514 | Table of Contents | 12508 | Table of Contents | ||
| 12515 | Last updated on February 21, 2024 | 12509 | Last updated on February 21, 2024 | ||
| n | 12516 | In order to opt your business out of arbitration, you must complete, sign and em | n | 12510 | In order to opt your business out of arbitration, you must complete, sign and em |
| > | ail the Arbitration Opt-Out Notice below to [email protected] no later than thir | > | ail the Arbitration Opt-Out Notice below to legal-opt-outs@gusto.com no later th | ||
| > | ty (30) days after the date you accept the applicable terms of service for your | > | an thirty (30) days after the date you accept the applicable terms of service fo | ||
| > | business for the first time or, for current Gusto users, within thirty (30) days | > | r your business for the first time or, for current Gusto users, within thirty (3 | ||
| > | of Gusto’s notice of modifications to the terms of service. It’s your responsib | > | 0) days of Gusto’s notice of modifications to the terms of service. It’s your re | ||
| > | ility to email the Arbitration Opt-Out Notice by the applicable deadline. | > | sponsibility to email the Arbitration Opt-Out Notice by the applicable deadline. | ||
| 12517 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | 12511 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | ||
| > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | ||
| > | o. Please see the Gusto Members Terms of Service for more information on how to | > | o. Please see the Gusto Members Terms of Service for more information on how to | ||
| > | opt out of arbitration on behalf of yourself as an individual. | > | opt out of arbitration on behalf of yourself as an individual. | ||
| 12518 | Arbitration Opt-Out Notice | 12512 | Arbitration Opt-Out Notice | ||
| 12519 | I am writing to provide notice that I’m opting my business/the business I repres | 12513 | I am writing to provide notice that I’m opting my business/the business I repres | ||
| > | ent out of the Arbitration Provision as further described below: | > | ent out of the Arbitration Provision as further described below: | ||
| 12528 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | 12522 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | ||
| > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | ||
| > | esent that you are an authorized representative of the business entity listed on | > | esent that you are an authorized representative of the business entity listed on | ||
| > | this Opt-Out Notice and have the right to determine such business entity’s disp | > | this Opt-Out Notice and have the right to determine such business entity’s disp | ||
| > | ute resolution procedures. | > | ute resolution procedures. | ||
| 12529 | Signature: _____________________________ | 12523 | Signature: _____________________________ | ||
| 12530 | Date: _________________________________ | 12524 | Date: _________________________________ | ||
| n | 12531 | Please email this completed form to [email protected]. | n | 12525 | Please email this completed form to legal-opt-outs@gusto.com. |
| 12532 | Effective February 21st 2024 to November 15th 2024 | 12526 | Effective February 21st 2024 to November 15th 2024 | ||
| 12533 | Download | 12527 | Download | ||
| 12534 | Table of Contents | 12528 | Table of Contents | ||
| 12535 | Last updated on February 21, 2024 | 12529 | Last updated on February 21, 2024 | ||
| n | 12536 | In order to opt your business out of arbitration, you must complete, sign and em | n | 12530 | In order to opt your business out of arbitration, you must complete, sign and em |
| > | ail the Arbitration Opt-Out Notice below to [email protected] no later than thir | > | ail the Arbitration Opt-Out Notice below to legal-opt-outs@gusto.com no later th | ||
| > | ty (30) days after the date you accept the applicable terms of service for your | > | an thirty (30) days after the date you accept the applicable terms of service fo | ||
| > | business for the first time or, for current Gusto users, within thirty (30) days | > | r your business for the first time or, for current Gusto users, within thirty (3 | ||
| > | of Gusto’s notice of modifications to the terms of service. It’s your responsib | > | 0) days of Gusto’s notice of modifications to the terms of service. It’s your re | ||
| > | ility to email the Arbitration Opt-Out Notice by the applicable deadline. | > | sponsibility to email the Arbitration Opt-Out Notice by the applicable deadline. | ||
| 12537 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | 12531 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | ||
| > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | ||
| > | o. Please see the Gusto Members Terms of Service for more information on how to | > | o. Please see the Gusto Members Terms of Service for more information on how to | ||
| > | opt out of arbitration on behalf of yourself as an individual. | > | opt out of arbitration on behalf of yourself as an individual. | ||
| 12538 | Arbitration Opt-Out Notice | 12532 | Arbitration Opt-Out Notice | ||
| 12539 | I am writing to provide notice that I’m opting my business/the business I repres | 12533 | I am writing to provide notice that I’m opting my business/the business I repres | ||
| > | ent out of the Arbitration Provision as further described below: | > | ent out of the Arbitration Provision as further described below: | ||
| 12548 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | 12542 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | ||
| > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | ||
| > | esent that you are an authorized representative of the business entity listed on | > | esent that you are an authorized representative of the business entity listed on | ||
| > | this Opt-Out Notice and have the right to determine such business entity’s disp | > | this Opt-Out Notice and have the right to determine such business entity’s disp | ||
| > | ute resolution procedures. | > | ute resolution procedures. | ||
| 12549 | Signature: _____________________________ | 12543 | Signature: _____________________________ | ||
| 12550 | Date: _________________________________ | 12544 | Date: _________________________________ | ||
| n | 12551 | Please email this completed form to [email protected]. | n | 12545 | Please email this completed form to legal-opt-outs@gusto.com. |
| 12552 | Effective February 21st 2024 to February 21st 2024 | 12546 | Effective February 21st 2024 to February 21st 2024 | ||
| 12553 | Download | 12547 | Download | ||
| 12554 | Table of Contents | 12548 | Table of Contents | ||
| 12555 | Last updated on February 21, 2024 | 12549 | Last updated on February 21, 2024 | ||
| n | 12556 | In order to opt your business out of arbitration, you must complete, sign and em | n | 12550 | In order to opt your business out of arbitration, you must complete, sign and em |
| > | ail the Arbitration Opt-Out Notice below to [email protected] no later than thir | > | ail the Arbitration Opt-Out Notice below to legal-opt-outs@gusto.com no later th | ||
| > | ty (30) days after the date you accept the applicable terms of service for your | > | an thirty (30) days after the date you accept the applicable terms of service fo | ||
| > | business for the first time or, for current Gusto users, within thirty (30) days | > | r your business for the first time or, for current Gusto users, within thirty (3 | ||
| > | of Gusto’s notice of modifications to the terms of service. It’s your responsib | > | 0) days of Gusto’s notice of modifications to the terms of service. It’s your re | ||
| > | ility to email the Arbitration Opt-Out Notice by the applicable deadline. | > | sponsibility to email the Arbitration Opt-Out Notice by the applicable deadline. | ||
| 12557 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | 12551 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | ||
| > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | ||
| > | o. Please see the Gusto Members Terms of Service for more information on how to | > | o. Please see the Gusto Members Terms of Service for more information on how to | ||
| > | opt out of arbitration on behalf of yourself as an individual. | > | opt out of arbitration on behalf of yourself as an individual. | ||
| 12558 | Arbitration Opt-Out Notice | 12552 | Arbitration Opt-Out Notice | ||
| 12559 | I am writing to provide notice that I’m opting my business/the business I repres | 12553 | I am writing to provide notice that I’m opting my business/the business I repres | ||
| > | ent out of the Arbitration Provision as further described below: | > | ent out of the Arbitration Provision as further described below: | ||
| 12568 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | 12562 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | ||
| > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | ||
| > | esent that you are an authorized representative of the business entity listed on | > | esent that you are an authorized representative of the business entity listed on | ||
| > | this Opt-Out Notice and have the right to determine such business entity’s disp | > | this Opt-Out Notice and have the right to determine such business entity’s disp | ||
| > | ute resolution procedures. | > | ute resolution procedures. | ||
| 12569 | Signature: _____________________________ | 12563 | Signature: _____________________________ | ||
| 12570 | Date: _________________________________ | 12564 | Date: _________________________________ | ||
| n | 12571 | Please email this completed form to [email protected]. | n | 12565 | Please email this completed form to legal-opt-outs@gusto.com. |
| 12572 | Effective February 21st 2024 to February 21st 2024 | 12566 | Effective February 21st 2024 to February 21st 2024 | ||
| 12573 | Download | 12567 | Download | ||
| 12574 | Table of Contents | 12568 | Table of Contents | ||
| 12575 | Last updated on February 21, 2024 | 12569 | Last updated on February 21, 2024 | ||
| n | 12576 | In order to opt your business out of arbitration, you must complete, sign and em | n | 12570 | In order to opt your business out of arbitration, you must complete, sign and em |
| > | ail the Arbitration Opt-Out Notice below to [email protected] no later than thir | > | ail the Arbitration Opt-Out Notice below to legal-opt-outs@gusto.com no later th | ||
| > | ty (30) days after the date you accept the applicable terms of service for your | > | an thirty (30) days after the date you accept the applicable terms of service fo | ||
| > | business for the first time or, for current Gusto users, within thirty (30) days | > | r your business for the first time or, for current Gusto users, within thirty (3 | ||
| > | of Gusto’s notice of modifications to the terms of service. It’s your responsib | > | 0) days of Gusto’s notice of modifications to the terms of service. It’s your re | ||
| > | ility to email the Arbitration Opt-Out Notice by the applicable deadline. | > | sponsibility to email the Arbitration Opt-Out Notice by the applicable deadline. | ||
| 12577 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | 12571 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | ||
| > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | ||
| > | o. Please see the Gusto Members Terms of Service for more information on how to | > | o. Please see the Gusto Members Terms of Service for more information on how to | ||
| > | opt out of arbitration on behalf of yourself as an individual. | > | opt out of arbitration on behalf of yourself as an individual. | ||
| 12578 | Arbitration Opt-Out Notice | 12572 | Arbitration Opt-Out Notice | ||
| 12579 | I am writing to provide notice that I’m opting my business/the business I repres | 12573 | I am writing to provide notice that I’m opting my business/the business I repres | ||
| > | ent out of the Arbitration Provision as further described below: | > | ent out of the Arbitration Provision as further described below: | ||
| 12588 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | 12582 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | ||
| > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | ||
| > | esent that you are an authorized representative of the business entity listed on | > | esent that you are an authorized representative of the business entity listed on | ||
| > | this Opt-Out Notice and have the right to determine such business entity’s disp | > | this Opt-Out Notice and have the right to determine such business entity’s disp | ||
| > | ute resolution procedures. | > | ute resolution procedures. | ||
| 12589 | Signature: _____________________________ | 12583 | Signature: _____________________________ | ||
| 12590 | Date: _________________________________ | 12584 | Date: _________________________________ | ||
| n | 12591 | Please email this completed form to [email protected]. | n | 12585 | Please email this completed form to legal-opt-outs@gusto.com. |
| 12592 | Effective February 21st 2024 to February 21st 2024 | 12586 | Effective February 21st 2024 to February 21st 2024 | ||
| 12593 | Download | 12587 | Download | ||
| 12594 | Table of Contents | 12588 | Table of Contents | ||
| 12595 | Last updated on February 21, 2024 | 12589 | Last updated on February 21, 2024 | ||
| n | 12596 | In order to opt your business out of arbitration, you must complete, sign and em | n | 12590 | In order to opt your business out of arbitration, you must complete, sign and em |
| > | ail the Arbitration Opt-Out Notice below to [email protected] no later than thir | > | ail the Arbitration Opt-Out Notice below to legal-opt-outs@gusto.com no later th | ||
| > | ty (30) days after the date you accept the applicable terms of service for your | > | an thirty (30) days after the date you accept the applicable terms of service fo | ||
| > | business for the first time or, for current Gusto users, within thirty (30) days | > | r your business for the first time or, for current Gusto users, within thirty (3 | ||
| > | of Gusto’s notice of modifications to the terms of service. It’s your responsib | > | 0) days of Gusto’s notice of modifications to the terms of service. It’s your re | ||
| > | ility to email the Arbitration Opt-Out Notice by the applicable deadline. | > | sponsibility to email the Arbitration Opt-Out Notice by the applicable deadline. | ||
| 12597 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | 12591 | Please note: This Arbitration Opt-Out Notice does not apply to individuals seeki | ||
| > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | > | ng to opt out of arbitration on behalf of themselves as individual users of Gust | ||
| > | o. Please see the Gusto Members Terms of Service for more information on how to | > | o. Please see the Gusto Members Terms of Service for more information on how to | ||
| > | opt out of arbitration on behalf of yourself as an individual. | > | opt out of arbitration on behalf of yourself as an individual. | ||
| 12598 | Arbitration Opt-Out Notice | 12592 | Arbitration Opt-Out Notice | ||
| 12599 | I am writing to provide notice that I’m opting my business/the business I repres | 12593 | I am writing to provide notice that I’m opting my business/the business I repres | ||
| > | ent out of the Arbitration Provision as further described below: | > | ent out of the Arbitration Provision as further described below: | ||
| 12608 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | 12602 | Please sign and date below to finalize this Opt-Out Notice. By signing, you conf | ||
| > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | > | irm that you have reviewed all instructions on this Opt-Out Notice, and you repr | ||
| > | esent that you are an authorized representative of the business entity listed on | > | esent that you are an authorized representative of the business entity listed on | ||
| > | this Opt-Out Notice and have the right to determine such business entity’s disp | > | this Opt-Out Notice and have the right to determine such business entity’s disp | ||
| > | ute resolution procedures. | > | ute resolution procedures. | ||
| 12609 | Signature: _____________________________ | 12603 | Signature: _____________________________ | ||
| 12610 | Date: _________________________________ | 12604 | Date: _________________________________ | ||
| n | 12611 | Please email this completed form to [email protected]. | n | 12605 | Please email this completed form to legal-opt-outs@gusto.com. |
| 12612 | Community Sweepstakes Official Rules | 12606 | Community Sweepstakes Official Rules | ||
| 12613 | Version | 12607 | Version | ||
| 12614 | Version 3.0 (Current) | 12608 | Version 3.0 (Current) | ||
| 12632 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12626 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | ||
| > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | ||
| > | r affect the administration, security, fairness, or proper conduct of the Sweeps | > | r affect the administration, security, fairness, or proper conduct of the Sweeps | ||
| > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | ||
| > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | ||
| > | erves the right, in its sole discretion, to disqualify any individual who tamper | > | erves the right, in its sole discretion, to disqualify any individual who tamper | ||
| > | s or attempts to tamper with the entry process or the operation of the Sweepstak | > | s or attempts to tamper with the entry process or the operation of the Sweepstak | ||
| > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | ||
| > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | ||
| > | entries, responses, or other correspondence, whether by email or postal mail or | > | entries, responses, or other correspondence, whether by email or postal mail or | ||
| > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | ||
| > | try materials; or (iii) phone, electrical, network, computer, hardware, software | > | try materials; or (iii) phone, electrical, network, computer, hardware, software | ||
| > | program or transmission malfunctions, failures or difficulties or any technical | > | program or transmission malfunctions, failures or difficulties or any technical | ||
| > | hardware or software failures of any kind, which may limit a person’s ability t | > | hardware or software failures of any kind, which may limit a person’s ability t | ||
| > | o participate in the Sweepstakes. | > | o participate in the Sweepstakes. | ||
| 12633 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12627 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as the social media platforms specified in the Current Gusto Sweepstakes | > | as well as the social media platforms specified in the Current Gusto Sweepstakes | ||
| > | table below, from any liability, losses, claims, or damages that may occur, dir | > | table below, from any liability, losses, claims, or damages that may occur, dir | ||
| > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | > | ectly or indirectly, whether caused by negligence or not, from: (i) Entrant’s pa | ||
| > | rticipation in the Sweepstakes and/or the acceptance, possession, use, or misuse | > | rticipation in the Sweepstakes and/or the acceptance, possession, use, or misuse | ||
| > | of any prize or portion thereof; (ii) technical failures of any kind, including | > | of any prize or portion thereof; (ii) technical failures of any kind, including | ||
| > | but not limited to the malfunction of any computer, cell phone, network, hardwa | > | but not limited to the malfunction of any computer, cell phone, network, hardwa | ||
| > | re, website, application, or software; (iii) the unavailability or inaccessibili | > | re, website, application, or software; (iii) the unavailability or inaccessibili | ||
| > | ty of any internet services; (iv) unauthorized human intervention in any part of | > | ty of any internet services; (iv) unauthorized human intervention in any part of | ||
| > | the Entry process or the Sweepstakes; and (v) electronic or human error in the | > | the Entry process or the Sweepstakes; and (v) electronic or human error in the | ||
| > | administration of the Sweepstakes or the processing of Entries. BY ENTERING THE | > | administration of the Sweepstakes or the processing of Entries. BY ENTERING THE | ||
| > | SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) AN | > | SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) AN | ||
| > | Y AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OU | > | Y AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OU | ||
| > | T-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKES (IF ANY) NOT TO E | > | T-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKES (IF ANY) NOT TO E | ||
| > | XCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR R | > | XCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR R | ||
| > | ECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN | > | ECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN | ||
| > | ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO S | > | ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO S | ||
| > | EEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR | > | EEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR | ||
| > | ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN D | > | ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN D | ||
| > | OLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCRE | > | OLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCRE | ||
| > | ASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF | > | ASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF | ||
| > | ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RE | > | ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RE | ||
| > | LIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, | > | LIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, | ||
| > | SO THE ABOVE MAY NOT APPLY TO YOU. | > | SO THE ABOVE MAY NOT APPLY TO YOU. | ||
| 12634 | Personal Information. Gusto may collect personal data about entrants online, in | 12628 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy notice and as may be more specifically set forth in | > | accordance with its privacy notice and as may be more specifically set forth in | ||
| > | these Official Rules. Please review Gusto's Privacy Notice, which can be found a | > | these Official Rules. Please review Gusto's Privacy Notice, which can be found a | ||
| > | t http://gusto.com/legal/privacy. | > | t http://gusto.com/legal/privacy. | ||
| n | 12635 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12629 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with "Sweepstakes Winners [Sweepstakes Name, as found in the Current Gust | > | @gusto.com with "Sweepstakes Winners [Sweepstakes Name, as found in the Current | ||
| > | o Sweepstakes table below]" as the email subject. Requests must be received with | > | Gusto Sweepstakes table below]" as the email subject. Requests must be received | ||
| > | in four (4) weeks of each Sweepstakes Promotional Period. The Winners list will | > | within four (4) weeks of each Sweepstakes Promotional Period. The Winners list w | ||
| > | be available after all Winners have been verified. | > | ill be available after all Winners have been verified. | ||
| 12636 | Disputes. This Sweepstakes is governed by the laws of the United States and the | 12630 | Disputes. This Sweepstakes is governed by the laws of the United States and the | ||
| > | State of California, without respect to conflict of law doctrines. As a conditio | > | State of California, without respect to conflict of law doctrines. As a conditio | ||
| > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | ||
| > | that cannot be resolved between the parties, and causes of action arising out o | > | that cannot be resolved between the parties, and causes of action arising out o | ||
| > | f or related to this Sweepstakes, shall be involved individually, without resort | > | f or related to this Sweepstakes, shall be involved individually, without resort | ||
| > | to any form of class action, exclusively before a court located in California h | > | to any form of class action, exclusively before a court located in California h | ||
| > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | ||
| > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | ||
| > | incidental, or consequential damages, including resonable attorney's fees, other | > | incidental, or consequential damages, including resonable attorney's fees, other | ||
| > | than participant's actual out-of-pocket expenses (i.e., costs associated with e | > | than participant's actual out-of-pocket expenses (i.e., costs associated with e | ||
| > | ntering this Sweepstakes). Entrant further waives all rights to have damages mul | > | ntering this Sweepstakes). Entrant further waives all rights to have damages mul | ||
| > | tiplied or increased. | > | tiplied or increased. | ||
| 12637 | Current Gusto Sweepstakes | 12631 | Current Gusto Sweepstakes | ||
| 12638 | Sweepstakes Name | 12632 | Sweepstakes Name | ||
| 12655 | Sponsor and Administrator. Gusto, Inc., 525 20th Street, San Francisco, CA 94107 | 12649 | Sponsor and Administrator. Gusto, Inc., 525 20th Street, San Francisco, CA 94107 | ||
| > | (“Gusto”), is both the official sponsor and administrator of this Sweepstakes. | > | (“Gusto”), is both the official sponsor and administrator of this Sweepstakes. | ||
| 12656 | Eligibility. The Sweepstakes is open to those who are 18 years of age or older a | 12650 | Eligibility. The Sweepstakes is open to those who are 18 years of age or older a | ||
| > | s of the date of Entry and who are legal residents of the United States, excludi | > | s of the date of Entry and who are legal residents of the United States, excludi | ||
| > | ng residents of New York, Florida, Rhode Island, Puerto Rico. Any individual who | > | ng residents of New York, Florida, Rhode Island, Puerto Rico. Any individual who | ||
| > | follows @GustoHQ on both Instagram and TikTok and submits an entry that meets t | > | follows @GustoHQ on both Instagram and TikTok and submits an entry that meets t | ||
| > | he requirements of these Official Rules (each an “Entrant” or “You”) represents | > | he requirements of these Official Rules (each an “Entrant” or “You”) represents | ||
| > | and warrants that they meet the eligibility requirements herein. Entrants must h | > | and warrants that they meet the eligibility requirements herein. Entrants must h | ||
| > | ave internet access, active Instagram and TikTok accounts, and a valid email add | > | ave internet access, active Instagram and TikTok accounts, and a valid email add | ||
| > | ress. Employees, officers and directors of Gusto, and the immediate family or ho | > | ress. Employees, officers and directors of Gusto, and the immediate family or ho | ||
| > | usehold members of any of the foregoing individuals, are not eligible to enter i | > | usehold members of any of the foregoing individuals, are not eligible to enter i | ||
| > | n the Sweepstakes. Sweepstakes is void where prohibited by law. | > | n the Sweepstakes. Sweepstakes is void where prohibited by law. | ||
| 12657 | Sweepstakes Entry Periods. The Sweepstakes consists of two separate promotional | 12651 | Sweepstakes Entry Periods. The Sweepstakes consists of two separate promotional | ||
| > | periods: (i) Promotional Period 1 begins at 12:00:01AM PT on April 7, 2025 and e | > | periods: (i) Promotional Period 1 begins at 12:00:01AM PT on April 7, 2025 and e | ||
| > | nds at 11:59:59PM PT on April 13, 2025; (ii) Promotional Period 2 begins at 12:0 | > | nds at 11:59:59PM PT on April 13, 2025; (ii) Promotional Period 2 begins at 12:0 | ||
| > | 0:01AM PT on April 21, 2025 and ends at 11:59:59PM PT on April 27, 2025, (each a | > | 0:01AM PT on April 21, 2025 and ends at 11:59:59PM PT on April 27, 2025, (each a | ||
| > | “Promotional Period”). All Entries for each Promotional Period must be submitte | > | “Promotional Period”). All Entries for each Promotional Period must be submitte | ||
| > | d by the end time of the respective Promotional Period to be eligible for the dr | > | d by the end time of the respective Promotional Period to be eligible for the dr | ||
| > | awing associated with that period. Entries from Promotional Period 1 will not ca | > | awing associated with that period. Entries from Promotional Period 1 will not ca | ||
| > | rry over to Promotional Period 2. | > | rry over to Promotional Period 2. | ||
| n | 12658 | How to Enter. There are two methods to enter the Sweepstakes: (i) Method 1 (1 En | n | 12652 | How to Enter. There are two methods to enter the Sweepstakes: (i) Method 1 (1 En |
| > | try), follow @GustoHQ on both Instagram and TikTok and leave a comment on the of | > | try), follow @GustoHQ on both Instagram and TikTok and leave a comment on the of | ||
| > | ficial Sweepstakes announcement post on either platform during the applicable Pr | > | ficial Sweepstakes announcement post on either platform during the applicable Pr | ||
| > | omotional Period; (ii) Method 2 (30 Entries), follow @GustoHQ on both Instagram | > | omotional Period; (ii) Method 2 (30 Entries), follow @GustoHQ on both Instagram | ||
| > | and TikTok and create a stitch with the pinned TikTok video on @GustHQ’s TikTok | > | and TikTok and create a stitch with the pinned TikTok video on @GustHQ’s TikTok | ||
| > | profile during the applicable Promotional Period (each an “Entry”). Limit of one | > | profile during the applicable Promotional Period (each an “Entry”). Limit of one | ||
| > | (1) entry per Method 1 and one (1) entry per Method 2 per person per Promotiona | > | (1) entry per Method 1 and one (1) entry per Method 2 per person per Promotiona | ||
| > | l Period. Multiple comments will not result in additional entries. All entries m | > | l Period. Multiple comments will not result in additional entries. All entries m | ||
| > | ust be publicly viewable. Private accounts or comments/stiches that are not publ | > | ust be publicly viewable. Private accounts or comments/stiches that are not publ | ||
| > | icly viewable will not be eligible. Alternative Method of Entry: To enter withou | > | icly viewable will not be eligible. Alternative Method of Entry: To enter withou | ||
| > | t using social media, send an email to [email protected] with the subject line, | > | t using social media, send an email to socialmedia+sweepstakes@gusto.com with th | ||
| > | "Gusto Community Sweepstakes Entry" and include your full name, email address, a | > | e subject line, "Gusto Community Sweepstakes Entry" and include your full name, | ||
| > | nd phone number in the body of the email. Each email counts as one (1) entry. Li | > | email address, and phone number in the body of the email. Each email counts as o | ||
| > | mit one (1) email entry per person per promotional period. Incomplete submission | > | ne (1) entry. Limit one (1) email entry per person per promotional period. Incom | ||
| > | s will not be accepted or considered as an Entry. Entrants are under no obligati | > | plete submissions will not be accepted or considered as an Entry. Entrants are u | ||
| > | on to purchase any products or services of any kind from Gusto in order to parti | > | nder no obligation to purchase any products or services of any kind from Gusto i | ||
| > | cipate or win. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT O | > | n order to participate or win. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCH | ||
| > | F ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. | > | ASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. | ||
| 12659 | Entry Restrictions and License Grant. All elements appearing in your Entry must | 12653 | Entry Restrictions and License Grant. All elements appearing in your Entry must | ||
| > | be original, created by You, be in the public domain, or be an item to which You | > | be original, created by You, be in the public domain, or be an item to which You | ||
| > | have the ability to grant Gusto a license to. Use of any other materials may re | > | have the ability to grant Gusto a license to. Use of any other materials may re | ||
| > | sult in disqualification. Gusto reserves the right to disqualify any Entry that | > | sult in disqualification. Gusto reserves the right to disqualify any Entry that | ||
| > | violates the foregoing restrictions, as determined by Gusto in its sole discreti | > | violates the foregoing restrictions, as determined by Gusto in its sole discreti | ||
| > | on. Gusto reserves the right to request from Entrant at any time, proof that Ent | > | on. Gusto reserves the right to request from Entrant at any time, proof that Ent | ||
| > | rant maintains all necessary rights in their Entry. Failure to provide such proo | > | rant maintains all necessary rights in their Entry. Failure to provide such proo | ||
| > | f may result in, among other things, Entrant being disqualified from the Sweepst | > | f may result in, among other things, Entrant being disqualified from the Sweepst | ||
| > | akes. Entrant hereby grants to Gusto a royalty free, irrevocable, perpetual, sub | > | akes. Entrant hereby grants to Gusto a royalty free, irrevocable, perpetual, sub | ||
| > | -licensable, non-exclusive right and license (“License”) to use Entrant’s Entry, | > | -licensable, non-exclusive right and license (“License”) to use Entrant’s Entry, | ||
| > | including Entrant’s name, social media handle, profile image, and all text, aud | > | including Entrant’s name, social media handle, profile image, and all text, aud | ||
| > | io, video and materials included therein, in whole or in part, in any manner and | > | io, video and materials included therein, in whole or in part, in any manner and | ||
| > | on any media and through any means, without compensation to Entrant. Gusto will | > | on any media and through any means, without compensation to Entrant. Gusto will | ||
| > | have the right, but no obligation, to use any Entries and all text included the | > | have the right, but no obligation, to use any Entries and all text included the | ||
| > | rein, in any advertising, marketing, promotion, or for any other commercial or n | > | rein, in any advertising, marketing, promotion, or for any other commercial or n | ||
| > | on-commercial purpose and Entrant hereby releases Gusto from any liability with | > | on-commercial purpose and Entrant hereby releases Gusto from any liability with | ||
| > | respect to such use. | > | respect to such use. | ||
| 12660 | Content Guidelines. In addition to complying with all other requirements of thes | 12654 | Content Guidelines. In addition to complying with all other requirements of thes | ||
| > | e Official Rules, each Entry must comply with the following content guidelines ( | > | e Official Rules, each Entry must comply with the following content guidelines ( | ||
| > | “Content Guidelines”). Any Entry that Gusto, in its sole discretion, deems to ha | > | “Content Guidelines”). Any Entry that Gusto, in its sole discretion, deems to ha | ||
| > | ve violated the Content Guidelines, among other things, may be disqualified from | > | ve violated the Content Guidelines, among other things, may be disqualified from | ||
| > | the Sweepstakes. Each Entry: (a) must not contain inappropriate, sexually expli | > | the Sweepstakes. Each Entry: (a) must not contain inappropriate, sexually expli | ||
| > | cit, hateful, discriminatory, bigoted, harmful, pornographic, violent language o | > | cit, hateful, discriminatory, bigoted, harmful, pornographic, violent language o | ||
| > | r images or promote illegal activities; (b) must be truthful; (c) must not inclu | > | r images or promote illegal activities; (b) must be truthful; (c) must not inclu | ||
| > | de information that is confidential, proprietary, or a trade secret of Entrant o | > | de information that is confidential, proprietary, or a trade secret of Entrant o | ||
| > | r of any third party; (d) must comply with Instagram and TikTok’s terms of servi | > | r of any third party; (d) must comply with Instagram and TikTok’s terms of servi | ||
| > | ce and community guidelines; (e) must not disparage any individual or entity; (f | > | ce and community guidelines; (e) must not disparage any individual or entity; (f | ||
| > | ) must not contain brand names, trademarks, or logos of any third party; and (g) | > | ) must not contain brand names, trademarks, or logos of any third party; and (g) | ||
| > | must not have been previously submitted in a promotion of any kind, or publishe | > | must not have been previously submitted in a promotion of any kind, or publishe | ||
| > | d or displayed publicly for any commercial use by any means and in any form or m | > | d or displayed publicly for any commercial use by any means and in any form or m | ||
| > | edia. | > | edia. | ||
| 12661 | Winner Selection. Three (3) winners from each Promotional Period will be selecte | 12655 | Winner Selection. Three (3) winners from each Promotional Period will be selecte | ||
| > | d in a random drawing from all eligible Entries received during that Promotional | > | d in a random drawing from all eligible Entries received during that Promotional | ||
| > | Period, for a total of six (6) winners (each a “Winner”). The random drawings w | > | Period, for a total of six (6) winners (each a “Winner”). The random drawings w | ||
| > | ill be conducted by Gusto or its designated representatives within approximately | > | ill be conducted by Gusto or its designated representatives within approximately | ||
| > | five (5) business days after the end of each Promotional Period. The odds of wi | > | five (5) business days after the end of each Promotional Period. The odds of wi | ||
| > | nning depend on the total number of eligible Entries received during each Promot | > | nning depend on the total number of eligible Entries received during each Promot | ||
| > | ional Period. To claim a Prize in this Sweepstakes, Entrants may be required to | > | ional Period. To claim a Prize in this Sweepstakes, Entrants may be required to | ||
| > | provide additional information including but not limited to full legal name, mai | > | provide additional information including but not limited to full legal name, mai | ||
| > | ling address, email address, date of birth, and tax identification number. ALL P | > | ling address, email address, date of birth, and tax identification number. ALL P | ||
| > | OTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY GUSTO. If a Winner is deemed ine | > | OTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY GUSTO. If a Winner is deemed ine | ||
| > | ligible or subject to disqualification for any reason in accordance with these O | > | ligible or subject to disqualification for any reason in accordance with these O | ||
| > | fficial Rules, such Winner will be disqualified and an alternate Winner will be | > | fficial Rules, such Winner will be disqualified and an alternate Winner will be | ||
| > | selected in a random drawing from among the remaining eligible Entries. Gusto’s | > | selected in a random drawing from among the remaining eligible Entries. Gusto’s | ||
| > | decisions in all matters relating to this Sweepstakes will be final and binding. | > | decisions in all matters relating to this Sweepstakes will be final and binding. | ||
| > | By entering You agree to accept the decisions of Gusto as final and binding as | > | By entering You agree to accept the decisions of Gusto as final and binding as | ||
| > | it relates to the Sweepstakes. | > | it relates to the Sweepstakes. | ||
| 12668 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12662 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | ||
| > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | ||
| > | r affect the administration, security, fairness, or proper conduct of the Sweeps | > | r affect the administration, security, fairness, or proper conduct of the Sweeps | ||
| > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | ||
| > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | ||
| > | erves the right, in its sole discretion, to disqualify any individual who tamper | > | erves the right, in its sole discretion, to disqualify any individual who tamper | ||
| > | s or attempts to tamper with the entry process or the operation of the Sweepstak | > | s or attempts to tamper with the entry process or the operation of the Sweepstak | ||
| > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | ||
| > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | ||
| > | entries, responses, or other correspondence, whether by email or postal mail or | > | entries, responses, or other correspondence, whether by email or postal mail or | ||
| > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | ||
| > | try materials; or (iii) phone, electrical, network, computer, hardware, software | > | try materials; or (iii) phone, electrical, network, computer, hardware, software | ||
| > | program or transmission malfunctions, failures or difficulties or any technical | > | program or transmission malfunctions, failures or difficulties or any technical | ||
| > | hardware or software failures of any kind, which may limit a person’s ability t | > | hardware or software failures of any kind, which may limit a person’s ability t | ||
| > | o participate in the Sweepstakes. | > | o participate in the Sweepstakes. | ||
| 12669 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12663 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as Instagram and TikTok, from any liability, losses, claims, or damages | > | as well as Instagram and TikTok, from any liability, losses, claims, or damages | ||
| > | that may occur, directly or indirectly, whether caused by negligence or not, fro | > | that may occur, directly or indirectly, whether caused by negligence or not, fro | ||
| > | m: (i) Entrant’s participation in the Sweepstakes and/or the acceptance, possess | > | m: (i) Entrant’s participation in the Sweepstakes and/or the acceptance, possess | ||
| > | ion, use, or misuse of any prize or portion thereof; (ii) technical failures of | > | ion, use, or misuse of any prize or portion thereof; (ii) technical failures of | ||
| > | any kind, including but not limited to the malfunction of any computer, cell pho | > | any kind, including but not limited to the malfunction of any computer, cell pho | ||
| > | ne, network, hardware, website, application, or software; (iii) the unavailabili | > | ne, network, hardware, website, application, or software; (iii) the unavailabili | ||
| > | ty or inaccessibility of any internet services; (iv) unauthorized human interven | > | ty or inaccessibility of any internet services; (iv) unauthorized human interven | ||
| > | tion in any part of the Entry process or the Sweepstakes; and (v) electronic or | > | tion in any part of the Entry process or the Sweepstakes; and (v) electronic or | ||
| > | human error in the administration of the Sweepstakes or the processing of Entrie | > | human error in the administration of the Sweepstakes or the processing of Entrie | ||
| > | s. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMI | > | s. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMI | ||
| > | TTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACT | > | TTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACT | ||
| > | UAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKE | > | UAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKE | ||
| > | S (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ F | > | S (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ F | ||
| > | EES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE P | > | EES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE P | ||
| > | ERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAI | > | ERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAI | ||
| > | VES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, | > | VES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, | ||
| > | LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES | > | LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES | ||
| > | NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED | > | NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED | ||
| > | OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR | > | OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR | ||
| > | MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCT | > | MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCT | ||
| > | IVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCL | > | IVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCL | ||
| > | USION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. | > | USION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. | ||
| 12670 | Personal Information. Gusto may collect personal data about entrants online, in | 12664 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://gusto.com/legal/privacy. | > | vely be found at https://gusto.com/legal/privacy. | ||
| n | 12671 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12665 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Sweepstakes Winners” as the email subject. Requests must be receive | > | @gusto.com with “Sweepstakes Winners” as the email subject. Requests must be rec | ||
| > | d within four (4) weeks of the end of each Sweepstakes Promotional Period. The W | > | eived within four (4) weeks of the end of each Sweepstakes Promotional Period. T | ||
| > | inners list will be available after all Winners have been verified. | > | he Winners list will be available after all Winners have been verified. | ||
| 12672 | Disputes. This Sweepstakes is governed by the laws of the United States and the | 12666 | Disputes. This Sweepstakes is governed by the laws of the United States and the | ||
| > | State of California, without respect to conflict of law doctrines. As a conditio | > | State of California, without respect to conflict of law doctrines. As a conditio | ||
| > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | ||
| > | that cannot be resolved between the parties, and causes of action arising out o | > | that cannot be resolved between the parties, and causes of action arising out o | ||
| > | f or related to this Sweepstakes, shall be resolved individually, without resort | > | f or related to this Sweepstakes, shall be resolved individually, without resort | ||
| > | to any form of class action, exclusively before a court located in California h | > | to any form of class action, exclusively before a court located in California h | ||
| > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | ||
| > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | ||
| > | incidental, or consequential damages, including reasonable attorney’s fees, othe | > | incidental, or consequential damages, including reasonable attorney’s fees, othe | ||
| > | r than participant’s actual out-of-pocket expenses (i.e., costs associated with | > | r than participant’s actual out-of-pocket expenses (i.e., costs associated with | ||
| > | entering this Sweepstakes). Entrant further waives all rights to have damages mu | > | entering this Sweepstakes). Entrant further waives all rights to have damages mu | ||
| > | ltiplied or increased. | > | ltiplied or increased. | ||
| 12673 | Effective April 7th 2025 to April 21st 2025 | 12667 | Effective April 7th 2025 to April 21st 2025 | ||
| 12674 | Download | 12668 | Download | ||
| 12691 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | 12685 | Gusto Reservation of Rights; Disclaimers. Gusto reserves the rights to modify th | ||
| > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | > | e prizes as needed. Gusto reserves the right, in its sole discretion, to cancel, | ||
| > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | > | terminate, modify, or suspend the Sweepstakes should a virus, bug, non-authoriz | ||
| > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | > | ed human intervention, fraud, or other cause(s) beyond Gusto’s control corrupt o | ||
| > | r affect the administration, security, fairness, or proper conduct of the Sweeps | > | r affect the administration, security, fairness, or proper conduct of the Sweeps | ||
| > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | > | takes. In such a case, Gusto may select Winner(s) from all eligible Entries rece | ||
| > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | > | ived prior to and/or after (if appropriate) the action taken by Gusto. Gusto res | ||
| > | erves the right, in its sole discretion, to disqualify any individual who tamper | > | erves the right, in its sole discretion, to disqualify any individual who tamper | ||
| > | s or attempts to tamper with the entry process or the operation of the Sweepstak | > | s or attempts to tamper with the entry process or the operation of the Sweepstak | ||
| > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | > | es or violates these Official Rules. Gusto is not responsible for (i) late, lost | ||
| > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | > | , delayed, damaged, incomplete, illegible, garbled, misdirected or undeliverable | ||
| > | entries, responses, or other correspondence, whether by email or postal mail or | > | entries, responses, or other correspondence, whether by email or postal mail or | ||
| > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | > | otherwise; (ii) theft, destruction, unauthorized access to or alterations of en | ||
| > | try materials; or (iii) phone, electrical, network, computer, hardware, software | > | try materials; or (iii) phone, electrical, network, computer, hardware, software | ||
| > | program or transmission malfunctions, failures or difficulties or any technical | > | program or transmission malfunctions, failures or difficulties or any technical | ||
| > | hardware or software failures of any kind, which may limit a person’s ability t | > | hardware or software failures of any kind, which may limit a person’s ability t | ||
| > | o participate in the Sweepstakes. | > | o participate in the Sweepstakes. | ||
| 12692 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | 12686 | Indemnification and Limitation of Liability. By entering, You agree to indemnify | ||
| > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | > | , release and hold harmless Gusto and its subsidiaries, affiliates, partners, re | ||
| > | presentatives, agents, successors, assigns, employees, officers, and directors, | > | presentatives, agents, successors, assigns, employees, officers, and directors, | ||
| > | as well as Instagram and TikTok, from any liability, losses, claims, or damages | > | as well as Instagram and TikTok, from any liability, losses, claims, or damages | ||
| > | that may occur, directly or indirectly, whether caused by negligence or not, fro | > | that may occur, directly or indirectly, whether caused by negligence or not, fro | ||
| > | m: (i) Entrant’s participation in the Sweepstakes and/or the acceptance, possess | > | m: (i) Entrant’s participation in the Sweepstakes and/or the acceptance, possess | ||
| > | ion, use, or misuse of any prize or portion thereof; (ii) technical failures of | > | ion, use, or misuse of any prize or portion thereof; (ii) technical failures of | ||
| > | any kind, including but not limited to the malfunction of any computer, cell pho | > | any kind, including but not limited to the malfunction of any computer, cell pho | ||
| > | ne, network, hardware, website, application, or software; (iii) the unavailabili | > | ne, network, hardware, website, application, or software; (iii) the unavailabili | ||
| > | ty or inaccessibility of any internet services; (iv) unauthorized human interven | > | ty or inaccessibility of any internet services; (iv) unauthorized human interven | ||
| > | tion in any part of the Entry process or the Sweepstakes; and (v) electronic or | > | tion in any part of the Entry process or the Sweepstakes; and (v) electronic or | ||
| > | human error in the administration of the Sweepstakes or the processing of Entrie | > | human error in the administration of the Sweepstakes or the processing of Entrie | ||
| > | s. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMI | > | s. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMI | ||
| > | TTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACT | > | TTED BY LAW: (I) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACT | ||
| > | UAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKE | > | UAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED IN PARTICIPATING IN THE SWEEPSTAKE | ||
| > | S (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ F | > | S (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ F | ||
| > | EES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE P | > | EES BE AWARDED OR RECOVERABLE; (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE P | ||
| > | ERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAI | > | ERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAI | ||
| > | VES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, | > | VES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, | ||
| > | LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES | > | LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES | ||
| > | NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED | > | NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED | ||
| > | OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR | > | OR OTHERWISE INCREASED; AND (III) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR | ||
| > | MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCT | > | MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCT | ||
| > | IVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCL | > | IVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCL | ||
| > | USION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. | > | USION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. | ||
| 12693 | Personal Information. Gusto may collect personal data about entrants online, in | 12687 | Personal Information. Gusto may collect personal data about entrants online, in | ||
| > | accordance with its privacy policies and as may be more specifically set forth i | > | accordance with its privacy policies and as may be more specifically set forth i | ||
| > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | > | n these Official Rules. Please review Gusto’s Privacy Policy, which can respecti | ||
| > | vely be found at https://gusto.com/legal/privacy. | > | vely be found at https://gusto.com/legal/privacy. | ||
| n | 12694 | Winners List. For the names of all Winners, send an email message to [email prot | n | 12688 | Winners List. For the names of all Winners, send an email message to socialmedia |
| > | ected] with “Sweepstakes Winners” as the email subject. Requests must be receive | > | @gusto.com with “Sweepstakes Winners” as the email subject. Requests must be rec | ||
| > | d within four (4) weeks of the end of each Sweepstakes Promotional Period. The W | > | eived within four (4) weeks of the end of each Sweepstakes Promotional Period. T | ||
| > | inners list will be available after all Winners have been verified. | > | he Winners list will be available after all Winners have been verified. | ||
| 12695 | Disputes. This Sweepstakes is governed by the laws of the United States and the | 12689 | Disputes. This Sweepstakes is governed by the laws of the United States and the | ||
| > | State of California, without respect to conflict of law doctrines. As a conditio | > | State of California, without respect to conflict of law doctrines. As a conditio | ||
| > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | > | n of participating in this Sweepstakes, Entrant agrees that any and all disputes | ||
| > | that cannot be resolved between the parties, and causes of action arising out o | > | that cannot be resolved between the parties, and causes of action arising out o | ||
| > | f or related to this Sweepstakes, shall be resolved individually, without resort | > | f or related to this Sweepstakes, shall be resolved individually, without resort | ||
| > | to any form of class action, exclusively before a court located in California h | > | to any form of class action, exclusively before a court located in California h | ||
| > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | > | aving jurisdiction. Further, in any dispute, under no circumstances shall Entran | ||
| > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | > | t be permitted to obtain awards for, and hereby waives all rights to, punitive, | ||
| > | incidental, or consequential damages, including reasonable attorney’s fees, othe | > | incidental, or consequential damages, including reasonable attorney’s fees, othe | ||
| > | r than participant’s actual out-of-pocket expenses (i.e., costs associated with | > | r than participant’s actual out-of-pocket expenses (i.e., costs associated with | ||
| > | entering this Sweepstakes). Entrant further waives all rights to have damages mu | > | entering this Sweepstakes). Entrant further waives all rights to have damages mu | ||
| > | ltiplied or increased. | > | ltiplied or increased. | ||
| 12696 | July 2024 Accountant Partner Promotion Terms – Existing Starter Firms | 12690 | July 2024 Accountant Partner Promotion Terms – Existing Starter Firms | ||
| 12697 | Version | 12691 | Version | ||
| 12907 | You can’t use the Marks in any way that makes Gusto, our products, or services l | 12901 | You can’t use the Marks in any way that makes Gusto, our products, or services l | ||
| > | ook bad, diminishes or tarnishes Gusto’s goodwill in the Marks, or harms our rep | > | ook bad, diminishes or tarnishes Gusto’s goodwill in the Marks, or harms our rep | ||
| > | utation. | > | utation. | ||
| 12908 | Unless Gusto agrees otherwise in writing, you must include this statement wherev | 12902 | Unless Gusto agrees otherwise in writing, you must include this statement wherev | ||
| > | er you use the Marks: “Gusto and all related marks are trademarks of Gusto.com, | > | er you use the Marks: “Gusto and all related marks are trademarks of Gusto.com, | ||
| > | Inc. or its affiliates.” | > | Inc. or its affiliates.” | ||
| 12909 | Gusto may update these guidelines or the approved Marks at any time. If you use | 12903 | Gusto may update these guidelines or the approved Marks at any time. If you use | ||
| > | the Marks without permission or don’t follow the guidelines, we may take action. | > | the Marks without permission or don’t follow the guidelines, we may take action. | ||
| n | 12910 | If you have questions about these Guidelines, contact [email protected] for help | n | 12904 | If you have questions about these Guidelines, contact legal@gusto.com for help. |
| > | . | ||||
| 12911 | * The Marks include any trademarks, service marks, trade names, trade dress, and | 12905 | * The Marks include any trademarks, service marks, trade names, trade dress, and | ||
| > | images identified by Gusto | > | images identified by Gusto | ||
| 12912 | Effective April 25th 2025 to March 10th 2026 | 12906 | Effective April 25th 2025 to March 10th 2026 | ||
| 12913 | Download | 12907 | Download | ||
| 12926 | You can’t use the Marks in any way that makes Gusto, our products, or services l | 12920 | You can’t use the Marks in any way that makes Gusto, our products, or services l | ||
| > | ook bad, diminishes or tarnishes Gusto’s goodwill in the Marks, or harms our rep | > | ook bad, diminishes or tarnishes Gusto’s goodwill in the Marks, or harms our rep | ||
| > | utation. | > | utation. | ||
| 12927 | Unless Gusto agrees otherwise in writing, you must include this statement wherev | 12921 | Unless Gusto agrees otherwise in writing, you must include this statement wherev | ||
| > | er you use the Marks: “Gusto and all related marks are trademarks of Gusto.com, | > | er you use the Marks: “Gusto and all related marks are trademarks of Gusto.com, | ||
| > | Inc. or its affiliates.” | > | Inc. or its affiliates.” | ||
| 12928 | Gusto may update these guidelines or the approved Marks at any time. If you use | 12922 | Gusto may update these guidelines or the approved Marks at any time. If you use | ||
| > | the Marks without permission or don’t follow the guidelines, we may take action. | > | the Marks without permission or don’t follow the guidelines, we may take action. | ||
| n | 12929 | If you have questions about these Guidelines, contact [email protected] for help | n | 12923 | If you have questions about these Guidelines, contact legal@gusto.com for help. |
| > | . | ||||
| 12930 | * The Marks include any trademarks, service marks, trade names, trade dress, and | 12924 | * The Marks include any trademarks, service marks, trade names, trade dress, and | ||
| > | images identified by Gusto | > | images identified by Gusto | ||
| 12931 | May 2025 BDO Alliance Accountant Partner Promotion Terms | 12925 | May 2025 BDO Alliance Accountant Partner Promotion Terms | ||
| 12932 | Version | 12926 | Version | ||
| 12981 | Demonstrable Compliance. Service Provider agrees to provide information reasonab | 12975 | Demonstrable Compliance. Service Provider agrees to provide information reasonab | ||
| > | ly necessary to demonstrate compliance with this SPDPA upon Company’s reasonable | > | ly necessary to demonstrate compliance with this SPDPA upon Company’s reasonable | ||
| > | request. Service Provider agrees that in order to stop and remediate unauthoriz | > | request. Service Provider agrees that in order to stop and remediate unauthoriz | ||
| > | ed use of Company Personal Data, Company may take reasonable and appropriate ste | > | ed use of Company Personal Data, Company may take reasonable and appropriate ste | ||
| > | ps and Service Provider will provide reasonable assistance to Company when neces | > | ps and Service Provider will provide reasonable assistance to Company when neces | ||
| > | sary. | > | sary. | ||
| 12982 | Processing Details Documentation. | 12976 | Processing Details Documentation. | ||
| 12983 | Processing Details Requirement. Service Provider acknowledges that specific deta | 12977 | Processing Details Requirement. Service Provider acknowledges that specific deta | ||
| > | ils regarding the Processing of Company Personal Data, including categories of d | > | ils regarding the Processing of Company Personal Data, including categories of d | ||
| > | ata subjects, categories of personal data, and sensitive data categories (if any | > | ata subjects, categories of personal data, and sensitive data categories (if any | ||
| > | ) ("Processing Details"), are essential components of this SPDPA and required fo | > | ) ("Processing Details"), are essential components of this SPDPA and required fo | ||
| > | r compliance with Data Protection Laws. | > | r compliance with Data Protection Laws. | ||
| n | 12984 | Documentation Process. Prior to Processing any Company Personal Data, Service Pr | n | 12978 | Documentation Process. Prior to Processing any Company Personal Data, Service Pr |
| > | ovider shall complete a "Processing Details Addendum" documenting all informatio | > | ovider shall complete a "Processing Details Addendum" documenting all informatio | ||
| > | n required in Section 13 and Section 2.B of Exhibit A. This Addendum shall be su | > | n required in Section 13 and Section 2.B of Exhibit A. This Addendum shall be su | ||
| > | bmitted to Company for approval at [email protected], via Company’s standard pro | > | bmitted to Company for approval at privacy@gusto.com, via Company’s standard pro | ||
| > | curement process or as otherwise instructed by Company. | > | curement process or as otherwise instructed by Company. | ||
| 12985 | Incorporation by Reference. Upon Company's written approval, the Processing Deta | 12979 | Incorporation by Reference. Upon Company's written approval, the Processing Deta | ||
| > | ils Addendum shall be incorporated into and form an integral part of this SPDPA | > | ils Addendum shall be incorporated into and form an integral part of this SPDPA | ||
| > | with the same force and effect as if fully set forth herein, without requiring a | > | with the same force and effect as if fully set forth herein, without requiring a | ||
| > | mendment of the online terms. | > | mendment of the online terms. | ||
| 12986 | Condition Precedent. Service Provider shall not Process any Company Personal Dat | 12980 | Condition Precedent. Service Provider shall not Process any Company Personal Dat | ||
| > | a until Company has received and approved the Processing Details Addendum. Any P | > | a until Company has received and approved the Processing Details Addendum. Any P | ||
| > | rocessing of Company Personal Data without an approved Processing Details Addend | > | rocessing of Company Personal Data without an approved Processing Details Addend | ||
| > | um shall constitute a material breach of this SPDPA. | > | um shall constitute a material breach of this SPDPA. | ||
| 12987 | Default Categories. If Service Provider fails to specify certain Processing Deta | 12981 | Default Categories. If Service Provider fails to specify certain Processing Deta | ||
| > | ils but begins Processing with Company's authorization, the following default ca | > | ils but begins Processing with Company's authorization, the following default ca | ||
| > | tegories shall apply to the extent not otherwise specified: | > | tegories shall apply to the extent not otherwise specified: | ||
| 13031 | If any provision of this SPDPA is found by a court of competent jurisdiction to | 13025 | If any provision of this SPDPA is found by a court of competent jurisdiction to | ||
| > | be invalid, unconscionable, or unenforceable for any reason, such provision shal | > | be invalid, unconscionable, or unenforceable for any reason, such provision shal | ||
| > | l be modified to the minimum extent necessary to make it valid and enforceable, | > | l be modified to the minimum extent necessary to make it valid and enforceable, | ||
| > | or if modification is not possible, such provision shall be severed from this SP | > | or if modification is not possible, such provision shall be severed from this SP | ||
| > | DPA. The invalidity, unconscionability, or unenforceability of any provision sha | > | DPA. The invalidity, unconscionability, or unenforceability of any provision sha | ||
| > | ll not affect the validity or enforceability of any other provision of this SPDP | > | ll not affect the validity or enforceability of any other provision of this SPDP | ||
| > | A, and all other provisions shall remain in full force and effect. | > | A, and all other provisions shall remain in full force and effect. | ||
| 13032 | The parties agree that any provision found to be invalid, unconscionable, or une | 13026 | The parties agree that any provision found to be invalid, unconscionable, or une | ||
| > | nforceable shall be modified and interpreted to accomplish the objectives of suc | > | nforceable shall be modified and interpreted to accomplish the objectives of suc | ||
| > | h provision to the greatest extent possible under applicable law and to maintain | > | h provision to the greatest extent possible under applicable law and to maintain | ||
| > | the balance of the bargain contemplated in this SPDPA. | > | the balance of the bargain contemplated in this SPDPA. | ||
| 13033 | If the severance or modification of any provision would cause this SPDPA to fail | 13027 | If the severance or modification of any provision would cause this SPDPA to fail | ||
| > | in their essential purpose, the parties shall promptly negotiate a replacement | > | in their essential purpose, the parties shall promptly negotiate a replacement | ||
| > | provision that is valid and enforceable and that comes as close as possible to e | > | provision that is valid and enforceable and that comes as close as possible to e | ||
| > | xpressing the intent of the original provision. | > | xpressing the intent of the original provision. | ||
| n | 13034 | Contact Information.Company and Service Provider agree to designate a point of c | n | 13028 | Contact Information.Company and Service Provider agree to designate a point of c |
| > | ontact for urgent privacy and security issues (a “Designated POC”). Service Prov | > | ontact for urgent privacy and security issues (a “Designated POC”). Service Prov | ||
| > | ider will provide Company written notice of its Designated POC (emailing [email | > | ider will provide Company written notice of its Designated POC (emailing privacy | ||
| > | protected] to suffice). The Designated POC for Company is: | > | @gusto.com to suffice). The Designated POC for Company is: | ||
| 13035 | Gusto, Inc. | 13029 | Gusto, Inc. | ||
| 13036 | Attn: Legal Privacy 525 20th St. | 13030 | Attn: Legal Privacy 525 20th St. | ||
| 13037 | San Francisco, CA 94107 | 13031 | San Francisco, CA 94107 | ||
| n | 13038 | [email protected] | n | 13032 | privacy@gusto.com |
| 13039 | EXHIBIT A TO THE DATA PROCESSING ADDENDUM | 13033 | EXHIBIT A TO THE DATA PROCESSING ADDENDUM | ||
| 13040 | This Exhibit A forms part of the Addendum and supplements the Standard Contractu | 13034 | This Exhibit A forms part of the Addendum and supplements the Standard Contractu | ||
| > | al Clauses. Capitalized terms not defined in this Exhibit A have the meaning set | > | al Clauses. Capitalized terms not defined in this Exhibit A have the meaning set | ||
| > | forth in the Addendum. | > | forth in the Addendum. | ||
| 13041 | The parties agree that the following terms shall supplement the Standard Contrac | 13035 | The parties agree that the following terms shall supplement the Standard Contrac | ||
| > | tual Clauses: | > | tual Clauses: | ||
| 13150 | If any provision of this SPDPA is found by a court of competent jurisdiction to | 13144 | If any provision of this SPDPA is found by a court of competent jurisdiction to | ||
| > | be invalid, unconscionable, or unenforceable for any reason, such provision shal | > | be invalid, unconscionable, or unenforceable for any reason, such provision shal | ||
| > | l be modified to the minimum extent necessary to make it valid and enforceable, | > | l be modified to the minimum extent necessary to make it valid and enforceable, | ||
| > | or if modification is not possible, such provision shall be severed from this SP | > | or if modification is not possible, such provision shall be severed from this SP | ||
| > | DPA. The invalidity, unconscionability, or unenforceability of any provision sha | > | DPA. The invalidity, unconscionability, or unenforceability of any provision sha | ||
| > | ll not affect the validity or enforceability of any other provision of this SPDP | > | ll not affect the validity or enforceability of any other provision of this SPDP | ||
| > | A, and all other provisions shall remain in full force and effect. | > | A, and all other provisions shall remain in full force and effect. | ||
| 13151 | The parties agree that any provision found to be invalid, unconscionable, or une | 13145 | The parties agree that any provision found to be invalid, unconscionable, or une | ||
| > | nforceable shall be modified and interpreted to accomplish the objectives of suc | > | nforceable shall be modified and interpreted to accomplish the objectives of suc | ||
| > | h provision to the greatest extent possible under applicable law and to maintain | > | h provision to the greatest extent possible under applicable law and to maintain | ||
| > | the balance of the bargain contemplated in this SPDPA. | > | the balance of the bargain contemplated in this SPDPA. | ||
| 13152 | If the severance or modification of any provision would cause this SPDPA to fail | 13146 | If the severance or modification of any provision would cause this SPDPA to fail | ||
| > | in their essential purpose, the parties shall promptly negotiate a replacement | > | in their essential purpose, the parties shall promptly negotiate a replacement | ||
| > | provision that is valid and enforceable and that comes as close as possible to e | > | provision that is valid and enforceable and that comes as close as possible to e | ||
| > | xpressing the intent of the original provision. | > | xpressing the intent of the original provision. | ||
| n | 13153 | Contact Information.Company and Service Provider agree to designate a point of c | n | 13147 | Contact Information.Company and Service Provider agree to designate a point of c |
| > | ontact for urgent privacy and security issues (a “Designated POC”). Service Prov | > | ontact for urgent privacy and security issues (a “Designated POC”). Service Prov | ||
| > | ider will provide Company written notice of its Designated POC (emailing [email | > | ider will provide Company written notice of its Designated POC (emailing privacy | ||
| > | protected] to suffice). The Designated POC for Company is: | > | @gusto.com to suffice). The Designated POC for Company is: | ||
| 13154 | Gusto, Inc. | 13148 | Gusto, Inc. | ||
| 13155 | Attn: Legal Privacy 525 20th St. | 13149 | Attn: Legal Privacy 525 20th St. | ||
| 13156 | San Francisco, CA 94107 | 13150 | San Francisco, CA 94107 | ||
| n | 13157 | [email protected] | n | 13151 | privacy@gusto.com |
| 13158 | Gusto Purchase Order Terms and Conditions | 13152 | Gusto Purchase Order Terms and Conditions | ||
| 13159 | Version | 13153 | Version | ||
| 13160 | Version 1.0 (Current) | 13154 | Version 1.0 (Current) | ||
| 13171 | Delivery Terms. Vendor will deliver any goods in the quantities, by the date(s), | 13165 | Delivery Terms. Vendor will deliver any goods in the quantities, by the date(s), | ||
| > | and to the address(es) specified in the PO. If Vendor fails to deliver by the s | > | and to the address(es) specified in the PO. If Vendor fails to deliver by the s | ||
| > | pecified date(s), Gusto may, at its option, (i) direct Vendor to make expedited | > | pecified date(s), Gusto may, at its option, (i) direct Vendor to make expedited | ||
| > | routing at Vendor's expense, or (ii) terminate the Agreement. The goods shall be | > | routing at Vendor's expense, or (ii) terminate the Agreement. The goods shall be | ||
| > | properly packed, marked, loaded and shipped according to applicable industry st | > | properly packed, marked, loaded and shipped according to applicable industry st | ||
| > | andards, in accordance with Gusto’s instructions, and in a manner to ensure the | > | andards, in accordance with Gusto’s instructions, and in a manner to ensure the | ||
| > | goods are delivered undamaged. The risk of loss or damage in transit shall be up | > | goods are delivered undamaged. The risk of loss or damage in transit shall be up | ||
| > | on Vendor. | > | on Vendor. | ||
| 13172 | Assignment and Subcontracting. Vendor may not assign the Agreement or any rights | 13166 | Assignment and Subcontracting. Vendor may not assign the Agreement or any rights | ||
| > | or obligations thereunder without Gusto's prior written consent. Vendor may not | > | or obligations thereunder without Gusto's prior written consent. Vendor may not | ||
| > | subcontract any portion of the Deliverables without Gusto's prior written conse | > | subcontract any portion of the Deliverables without Gusto's prior written conse | ||
| > | nt. Vendor remains responsible for all subcontractor performance. Gusto may assi | > | nt. Vendor remains responsible for all subcontractor performance. Gusto may assi | ||
| > | gn the Agreement to any affiliate or successor without Vendor's consent. | > | gn the Agreement to any affiliate or successor without Vendor's consent. | ||
| 13173 | Inspection and Acceptance. Gusto may inspect Deliverables during any stage of th | 13167 | Inspection and Acceptance. Gusto may inspect Deliverables during any stage of th | ||
| > | eir manufacture, construction, preparation, delivery or completion. Gusto may re | > | eir manufacture, construction, preparation, delivery or completion. Gusto may re | ||
| > | ject any Deliverables which do not conform to the applicable requirements within | > | ject any Deliverables which do not conform to the applicable requirements within | ||
| > | 30 business days of Vendor’s delivery (“Acceptance Period”). At its option, Gus | > | 30 business days of Vendor’s delivery (“Acceptance Period”). At its option, Gus | ||
| > | to may (i) return the nonconforming Deliverables to Vendor for a refund or credi | > | to may (i) return the nonconforming Deliverables to Vendor for a refund or credi | ||
| > | t; (ii) require Vendor to replace, repair or correct the non-conforming Delivera | > | t; (ii) require Vendor to replace, repair or correct the non-conforming Delivera | ||
| > | bles at no additional cost to Gusto; or (iii) accept the non-conforming Delivera | > | bles at no additional cost to Gusto; or (iii) accept the non-conforming Delivera | ||
| > | bles conditioned on Vendor providing a refund or credit in an amount Gusto reaso | > | bles conditioned on Vendor providing a refund or credit in an amount Gusto reaso | ||
| > | nably determines to represent the diminished value of the non-conforming Deliver | > | nably determines to represent the diminished value of the non-conforming Deliver | ||
| > | ables. If applicable, the Acceptance Period shall restart upon delivery of the c | > | ables. If applicable, the Acceptance Period shall restart upon delivery of the c | ||
| > | orrected Deliverables. Gusto’s payment to Vendor for goods prior to Gusto’s time | > | orrected Deliverables. Gusto’s payment to Vendor for goods prior to Gusto’s time | ||
| > | ly rejection of such goods as nonconforming will not be deemed as acceptance by | > | ly rejection of such goods as nonconforming will not be deemed as acceptance by | ||
| > | Gusto. | > | Gusto. | ||
| n | 13174 | Payment. Unless payment has been permitted via credit card or ACH, Gusto’s payme | n | 13168 | Payment. Unless payment has been permitted via credit card or ACH, Gusto’s payme |
| > | nt of undisputed fees will be due within 45 days of receipt of Vendor’s invoice | > | nt of undisputed fees will be due within 45 days of receipt of Vendor’s invoice | ||
| > | (remit to address: [email protected]). Gusto has no obligation to pay any invoic | > | (remit to address: ap@gusto.com). Gusto has no obligation to pay any invoice rec | ||
| > | e received in excess of one hundred eighty (180) days after the date Vendor was | > | eived in excess of one hundred eighty (180) days after the date Vendor was requi | ||
| > | required to invoice Gusto under the Agreement. Gusto will pay in the currency st | > | red to invoice Gusto under the Agreement. Gusto will pay in the currency stated | ||
| > | ated in the Agreement. No late fees shall accrue or be incurred. Gusto will only | > | in the Agreement. No late fees shall accrue or be incurred. Gusto will only reim | ||
| > | reimburse Vendor for expenses that are approved in advance in writing. | > | burse Vendor for expenses that are approved in advance in writing. | ||
| 13175 | Pricing. Vendor shall not increase prices during the term of the Agreement. For | 13169 | Pricing. Vendor shall not increase prices during the term of the Agreement. For | ||
| > | any renewal, Vendor shall not increase prices without providing at least 90 days | > | any renewal, Vendor shall not increase prices without providing at least 90 days | ||
| > | ' prior written notice to [email protected]. Any price increase shall not exceed | > | ' prior written notice to procurement@gusto.com. Any price increase shall not ex | ||
| > | the lesser of: (a) 2.5% or (b) the percentage increase in the Consumer Price In | > | ceed the lesser of: (a) 2.5% or (b) the percentage increase in the Consumer Pric | ||
| > | dex for All Urban Consumers (CPI-U) over the preceding 12-month period. | > | e Index for All Urban Consumers (CPI-U) over the preceding 12-month period. | ||
| 13176 | Disputes and Binding Arbitration. | 13170 | Disputes and Binding Arbitration. | ||
| 13177 | Informal Dispute Resolution. Gusto will promptly notify Vendor of any disputed f | 13171 | Informal Dispute Resolution. Gusto will promptly notify Vendor of any disputed f | ||
| > | ees or expenses and the parties will cooperate in the prompt resolution of any d | > | ees or expenses and the parties will cooperate in the prompt resolution of any d | ||
| > | isputed fees and expenses. Vendor will not withhold or delay Deliverables or ass | > | isputed fees and expenses. Vendor will not withhold or delay Deliverables or ass | ||
| > | ociated support or fail to perform any other services or obligations based on Gu | > | ociated support or fail to perform any other services or obligations based on Gu | ||
| > | sto's withholding of fees or expenses due to a good faith dispute between the pa | > | sto's withholding of fees or expenses due to a good faith dispute between the pa | ||
| > | rties. The parties shall attempt in good faith to resolve any dispute arising ou | > | rties. The parties shall attempt in good faith to resolve any dispute arising ou | ||
| > | t of or relating to this Agreement promptly by negotiation between executives wh | > | t of or relating to this Agreement promptly by negotiation between executives wh | ||
| > | o have authority to settle the controversy. | > | o have authority to settle the controversy. | ||
| 13178 | Binding Arbitration. If the dispute has not been resolved by negotiation within | 13172 | Binding Arbitration. If the dispute has not been resolved by negotiation within | ||
| > | 30 days of the disputing party's notice, either party may initiate binding arbit | > | 30 days of the disputing party's notice, either party may initiate binding arbit | ||
| > | ration as the exclusive means to resolve such dispute. Any controversy or claim | > | ration as the exclusive means to resolve such dispute. Any controversy or claim | ||
| > | arising out of or relating to this Agreement, or the breach thereof, shall be se | > | arising out of or relating to this Agreement, or the breach thereof, shall be se | ||
| > | ttled by arbitration administered by JAMS pursuant to its Comprehensive Arbitrat | > | ttled by arbitration administered by JAMS pursuant to its Comprehensive Arbitrat | ||
| > | ion Rules and Procedures, and judgment on the award rendered by the arbitrator(s | > | ion Rules and Procedures, and judgment on the award rendered by the arbitrator(s | ||
| > | ) may be entered in any court having jurisdiction thereof. | > | ) may be entered in any court having jurisdiction thereof. | ||
| 13187 | Publicity. Vendor shall not issue any press release or otherwise publicly disclo | 13181 | Publicity. Vendor shall not issue any press release or otherwise publicly disclo | ||
| > | se any information regarding the existence or terms of the Agreement, the relati | > | se any information regarding the existence or terms of the Agreement, the relati | ||
| > | onship between the parties, or any engagement with Gusto without Gusto's prior w | > | onship between the parties, or any engagement with Gusto without Gusto's prior w | ||
| > | ritten consent in each instance. Any such consent shall be at Gusto's sole discr | > | ritten consent in each instance. Any such consent shall be at Gusto's sole discr | ||
| > | etion and may be withdrawn at any time. All approved publicity materials must co | > | etion and may be withdrawn at any time. All approved publicity materials must co | ||
| > | mply with Gusto's then-current brand guidelines and must be submitted to Gusto f | > | mply with Gusto's then-current brand guidelines and must be submitted to Gusto f | ||
| > | or review and approval prior to publication or use. | > | or review and approval prior to publication or use. | ||
| 13188 | Data Privacy and Security. If Vendor processes personal data on behalf of Gusto, | 13182 | Data Privacy and Security. If Vendor processes personal data on behalf of Gusto, | ||
| > | Vendor shall: (a) such processing shall be done in accordance with Gusto’s Serv | > | Vendor shall: (a) such processing shall be done in accordance with Gusto’s Serv | ||
| > | ice Provider Data Processing Agreement, which is available at the URL https://gu | > | ice Provider Data Processing Agreement, which is available at the URL https://gu | ||
| > | sto.com/legal/terms/spdpa (or any successor URL designated by Gusto), which may | > | sto.com/legal/terms/spdpa (or any successor URL designated by Gusto), which may | ||
| > | be updated by Gusto in its sole discretion from time to time; (b) implement appr | > | be updated by Gusto in its sole discretion from time to time; (b) implement appr | ||
| > | opriate technical and organizational measures to protect the data; (c) process t | > | opriate technical and organizational measures to protect the data; (c) process t | ||
| > | he data only in accordance with Gusto's documented instructions; (d) assist Gust | > | he data only in accordance with Gusto's documented instructions; (d) assist Gust | ||
| > | o in responding to data subject requests; (e) notify Gusto promptly of any data | > | o in responding to data subject requests; (e) notify Gusto promptly of any data | ||
| > | breach, but in no event later than 24 hours after discovery; (f) comply with all | > | breach, but in no event later than 24 hours after discovery; (f) comply with all | ||
| > | applicable data protection laws; and (g) upon termination, return or delete all | > | applicable data protection laws; and (g) upon termination, return or delete all | ||
| > | Gusto data as directed by Gusto. Vendor shall maintain a comprehensive informat | > | Gusto data as directed by Gusto. Vendor shall maintain a comprehensive informat | ||
| > | ion security program that includes appropriate administrative, technical, and ph | > | ion security program that includes appropriate administrative, technical, and ph | ||
| > | ysical safeguards designed to: (i) ensure the security and confidentiality of Gu | > | ysical safeguards designed to: (i) ensure the security and confidentiality of Gu | ||
| > | sto data; (ii) protect against anticipated threats or hazards to the security or | > | sto data; (ii) protect against anticipated threats or hazards to the security or | ||
| > | integrity of Gusto data; and (iii) protect against unauthorized access or use o | > | integrity of Gusto data; and (iii) protect against unauthorized access or use o | ||
| > | f Gusto data. | > | f Gusto data. | ||
| 13189 | Audit Rights. Upon reasonable notice, Gusto may audit Vendor's compliance with t | 13183 | Audit Rights. Upon reasonable notice, Gusto may audit Vendor's compliance with t | ||
| > | his Agreement, including Vendor's security controls, data protection practices, | > | his Agreement, including Vendor's security controls, data protection practices, | ||
| > | and performance of services. Vendor shall cooperate with such audits and provide | > | and performance of services. Vendor shall cooperate with such audits and provide | ||
| > | any information reasonably requested by Gusto. Audits shall be conducted during | > | any information reasonably requested by Gusto. Audits shall be conducted during | ||
| > | normal business hours and in a manner that minimizes disruption to Vendor's ope | > | normal business hours and in a manner that minimizes disruption to Vendor's ope | ||
| > | rations. | > | rations. | ||
| n | 13190 | Term; Termination. Gusto may terminate the Agreement: (a) on notice to Vendor fo | n | 13184 | Term; Termination. Gusto may terminate the Agreement: (a) on notice to Vendor fo |
| > | r Vendor's failure to provide the Deliverables as warranted; (b) for any other m | > | r Vendor's failure to provide the Deliverables as warranted; (b) for any other m | ||
| > | aterial breach by Vendor if such breach remains uncured for thirty (30) days fol | > | aterial breach by Vendor if such breach remains uncured for thirty (30) days fol | ||
| > | lowing Vendor's receipt of written notice; (c) immediately if Vendor becomes ins | > | lowing Vendor's receipt of written notice; (c) immediately if Vendor becomes ins | ||
| > | olvent, makes an assignment for the benefit of creditors, or becomes subject to | > | olvent, makes an assignment for the benefit of creditors, or becomes subject to | ||
| > | bankruptcy or similar proceedings; or (d) for convenience upon thirty (30) days' | > | bankruptcy or similar proceedings; or (d) for convenience upon thirty (30) days' | ||
| > | written notice to Vendor, in which case Gusto shall pay for Deliverables proper | > | written notice to Vendor, in which case Gusto shall pay for Deliverables proper | ||
| > | ly provided prior to termination. Upon termination, Vendor will cease any use of | > | ly provided prior to termination. Upon termination, Vendor will cease any use of | ||
| > | Marks and Gusto will continue to be responsible for payment of any Deliverables | > | Marks and Gusto will continue to be responsible for payment of any Deliverables | ||
| > | actually received and accepted prior to termination. The Agreement shall not au | > | actually received and accepted prior to termination. The Agreement shall not au | ||
| > | tomatically renew. Any renewal requires a new agreement or written amendment sig | > | tomatically renew. Any renewal requires a new agreement or written amendment sig | ||
| > | ned by Gusto. Vendor shall provide written notice to [email protected] at least | > | ned by Gusto. Vendor shall provide written notice to procurement@gusto.com at le | ||
| > | 60 days prior to the expiration of any term if renewal is desired. | > | ast 60 days prior to the expiration of any term if renewal is desired. | ||
| 13191 | Warranties. Vendor warrants that: (a) all Deliverables will conform to applicabl | 13185 | Warranties. Vendor warrants that: (a) all Deliverables will conform to applicabl | ||
| > | e specifications and be free from defects in design, material, and workmanship; | > | e specifications and be free from defects in design, material, and workmanship; | ||
| > | (b) all services will be performed in a professional and workmanlike manner in a | > | (b) all services will be performed in a professional and workmanlike manner in a | ||
| > | ccordance with industry standards; (c) Vendor has all the rights necessary to pr | > | ccordance with industry standards; (c) Vendor has all the rights necessary to pr | ||
| > | ovide the Deliverables; (d) the Deliverables do not and will not infringe any th | > | ovide the Deliverables; (d) the Deliverables do not and will not infringe any th | ||
| > | ird party's intellectual property rights; and (e) Vendor will comply with all ap | > | ird party's intellectual property rights; and (e) Vendor will comply with all ap | ||
| > | plicable laws in performing its obligations under the Agreement. These warrantie | > | plicable laws in performing its obligations under the Agreement. These warrantie | ||
| > | s survive inspection, acceptance, and payment. | > | s survive inspection, acceptance, and payment. | ||
| 13192 | Indemnification. Vendor agrees to indemnify, reimburse, and hold harmless Gusto | 13186 | Indemnification. Vendor agrees to indemnify, reimburse, and hold harmless Gusto | ||
| > | and its officers, directors, employees, agents, successors, and assigns from cla | > | and its officers, directors, employees, agents, successors, and assigns from cla | ||
| > | ims, costs, losses, liabilities, damages and expenses arising out of Vendor's ac | > | ims, costs, losses, liabilities, damages and expenses arising out of Vendor's ac | ||
| > | tual or alleged (a) infringement of any third party intellectual property rights | > | tual or alleged (a) infringement of any third party intellectual property rights | ||
| > | , including patents, copyrights, trademarks, trade secrets, or other proprietary | > | , including patents, copyrights, trademarks, trade secrets, or other proprietary | ||
| > | rights, (b) negligence or willful misconduct, or defective goods and services h | > | rights, (b) negligence or willful misconduct, or defective goods and services h | ||
| > | ereby ordered and/or received, (c) injury to Vendor employees while in the cours | > | ereby ordered and/or received, (c) injury to Vendor employees while in the cours | ||
| > | e of providing goods or services to Gusto or an affiliated entity, (d) violation | > | e of providing goods or services to Gusto or an affiliated entity, (d) violation | ||
| > | of law, or (e) data security breach or violation of data protection laws. Vendo | > | of law, or (e) data security breach or violation of data protection laws. Vendo | ||
| > | r's duty to defend is separate from its duty to indemnify. | > | r's duty to defend is separate from its duty to indemnify. | ||
| 13193 | Limitation of Liability. Gusto will not be liable to Vendor for any indirect, in | 13187 | Limitation of Liability. Gusto will not be liable to Vendor for any indirect, in | ||
| > | cidental, consequential, or punitive damages, including any lost profits, data, | > | cidental, consequential, or punitive damages, including any lost profits, data, | ||
| > | goodwill, or business opportunity, for any matter relating to the Agreement. Gus | > | goodwill, or business opportunity, for any matter relating to the Agreement. Gus | ||
| > | to's total liability arising out of or related to the Agreement will not exceed | > | to's total liability arising out of or related to the Agreement will not exceed | ||
| > | the total amount paid by Gusto to Vendor under the Agreement during the twelve ( | > | the total amount paid by Gusto to Vendor under the Agreement during the twelve ( | ||
| > | 12) months preceding the claim. Vendor's total liability to Gusto for any claim | > | 12) months preceding the claim. Vendor's total liability to Gusto for any claim | ||
| > | arising out of or related to the Agreement will not exceed three (3) times the t | > | arising out of or related to the Agreement will not exceed three (3) times the t | ||
| > | otal amount paid or payable by Gusto to Vendor under the Agreement; provided, ho | > | otal amount paid or payable by Gusto to Vendor under the Agreement; provided, ho | ||
| > | wever, that this limitation shall not apply to Vendor's indemnification obligati | > | wever, that this limitation shall not apply to Vendor's indemnification obligati | ||
| > | ons, breach of confidentiality obligations, grossly negligent or willful acts or | > | ons, breach of confidentiality obligations, grossly negligent or willful acts or | ||
| > | omissions, violations of applicable law, or liability for infringement of Gusto | > | omissions, violations of applicable law, or liability for infringement of Gusto | ||
| > | 's intellectual property rights. | > | 's intellectual property rights. | ||
| 13203 | Waiver. The failure of either party to enforce any provision of the Agreement sh | 13197 | Waiver. The failure of either party to enforce any provision of the Agreement sh | ||
| > | all not constitute a waiver of future enforcement of that or any other provision | > | all not constitute a waiver of future enforcement of that or any other provision | ||
| > | . No waiver of any provision of the Agreement shall be effective unless in writi | > | . No waiver of any provision of the Agreement shall be effective unless in writi | ||
| > | ng and signed by the waiving party. | > | ng and signed by the waiving party. | ||
| 13204 | Entire Agreement. The Agreement (including these PO Terms, whether physically at | 13198 | Entire Agreement. The Agreement (including these PO Terms, whether physically at | ||
| > | tached to a PO or incorporated by reference through a URL link as described in S | > | tached to a PO or incorporated by reference through a URL link as described in S | ||
| > | ection 1) constitutes the entire agreement between the parties regarding the sub | > | ection 1) constitutes the entire agreement between the parties regarding the sub | ||
| > | ject matter hereof and supersedes all prior or contemporaneous agreements, under | > | ject matter hereof and supersedes all prior or contemporaneous agreements, under | ||
| > | standings, and communications, whether written or oral, except for any Separate | > | standings, and communications, whether written or oral, except for any Separate | ||
| > | Agreement as defined in Section 1. | > | Agreement as defined in Section 1. | ||
| 13205 | Amendment. The Agreement may only be modified by a written amendment signed by a | 13199 | Amendment. The Agreement may only be modified by a written amendment signed by a | ||
| > | uthorized representatives of both parties. | > | uthorized representatives of both parties. | ||
| n | 13206 | Notices. All notices must be in writing and will be deemed given when: (a) deliv | n | 13200 | Notices. All notices must be in writing and will be deemed given when: (a) deliv |
| > | ered personally; (b) sent by confirmed email; (c) sent by commercial overnight c | > | ered personally; (b) sent by confirmed email; (c) sent by commercial overnight c | ||
| > | ourier; or (d) sent by registered or certified mail. Notices to Gusto must be se | > | ourier; or (d) sent by registered or certified mail. Notices to Gusto must be se | ||
| > | nt to [email protected] and Gusto's address on the PO, with a copy to [email pro | > | nt to procurement@gusto.com and Gusto's address on the PO, with a copy to legal@ | ||
| > | tected]. | > | gusto.com. | ||
| 13207 | Please direct any inquiries to [email protected]. | 13201 | Please direct any inquiries to procurement@gusto.com. | ||
| 13208 | Labor Law Poster Terms of Service | 13202 | Labor Law Poster Terms of Service | ||
| 13209 | Version | 13203 | Version | ||
| 13210 | Version 2.0 (Current) | 13204 | Version 2.0 (Current) | ||
| 13649 | iii) Material violations of the prohibited uses in Section 4(d). | 13643 | iii) Material violations of the prohibited uses in Section 4(d). | ||
| 13650 | 11. Contact Information | 13644 | 11. Contact Information | ||
| 13651 | a) Designated Points of Contact: | 13645 | a) Designated Points of Contact: | ||
| n | 13652 | Gusto: Legal Privacy, 525 20th St. San Francisco, CA 94107, [email protected] | n | 13646 | Gusto: Legal Privacy, 525 20th St. San Francisco, CA 94107, privacy@gusto.com |
| 13653 | Partner: As specified in the Partnership Agreement or updated in writing | 13647 | Partner: As specified in the Partnership Agreement or updated in writing | ||
| 13654 | b) MPDPA Updates: Material changes to this MPDPA will be posted at https://gusto | 13648 | b) MPDPA Updates: Material changes to this MPDPA will be posted at https://gusto | ||
| > | .com/legal/terms/mpdpa with 30 days' advance notice to all Partners via email. P | > | .com/legal/terms/mpdpa with 30 days' advance notice to all Partners via email. P | ||
| > | artners may either: (i) accept updates by continuing data sharing after the noti | > | artners may either: (i) accept updates by continuing data sharing after the noti | ||
| > | ce period, or (ii) request bilateral negotiation of the changes within the 30-da | > | ce period, or (ii) request bilateral negotiation of the changes within the 30-da | ||
| > | y notice period. If no response is received within 30 days, continued data shari | > | y notice period. If no response is received within 30 days, continued data shari | ||
| > | ng constitutes acceptance of updates. | > | ng constitutes acceptance of updates. | ||
| 13655 | c) Update Disagreements: If a Partner objects to material MPDPA updates and the | 13649 | c) Update Disagreements: If a Partner objects to material MPDPA updates and the | ||
| > | Parties cannot reach agreement within 60 days of the initial notice, either Part | > | Parties cannot reach agreement within 60 days of the initial notice, either Part | ||
| > | y may terminate the data sharing relationship under this MPDPA with 30 days' wri | > | y may terminate the data sharing relationship under this MPDPA with 30 days' wri | ||
| > | tten notice, without penalty or breach of the underlying Partnership Agreement. | > | tten notice, without penalty or breach of the underlying Partnership Agreement. | ||
| 13736 | iii) Material violations of the prohibited uses in Section 4(d). | 13730 | iii) Material violations of the prohibited uses in Section 4(d). | ||
| 13737 | 11. Contact Information | 13731 | 11. Contact Information | ||
| 13738 | a) Designated Points of Contact: | 13732 | a) Designated Points of Contact: | ||
| n | 13739 | Gusto: Legal Privacy, 525 20th St. San Francisco, CA 94107, [email protected] | n | 13733 | Gusto: Legal Privacy, 525 20th St. San Francisco, CA 94107, privacy@gusto.com |
| 13740 | Partner: As specified in the Partnership Agreement or updated in writing | 13734 | Partner: As specified in the Partnership Agreement or updated in writing | ||
| 13741 | b) MPDPA Updates: Material changes to this MPDPA will be posted at https://gusto | 13735 | b) MPDPA Updates: Material changes to this MPDPA will be posted at https://gusto | ||
| > | .com/legal/terms/mpdpa with 30 days' advance notice to all Partners via email. P | > | .com/legal/terms/mpdpa with 30 days' advance notice to all Partners via email. P | ||
| > | artners may either: (i) accept updates by continuing data sharing after the noti | > | artners may either: (i) accept updates by continuing data sharing after the noti | ||
| > | ce period, or (ii) request bilateral negotiation of the changes within the 30-da | > | ce period, or (ii) request bilateral negotiation of the changes within the 30-da | ||
| > | y notice period. If no response is received within 30 days, continued data shari | > | y notice period. If no response is received within 30 days, continued data shari | ||
| > | ng constitutes acceptance of updates. | > | ng constitutes acceptance of updates. | ||
| 13742 | c) Update Disagreements: If a Partner objects to material MPDPA updates and the | 13736 | c) Update Disagreements: If a Partner objects to material MPDPA updates and the | ||
| > | Parties cannot reach agreement within 60 days of the initial notice, either Part | > | Parties cannot reach agreement within 60 days of the initial notice, either Part | ||
| > | y may terminate the data sharing relationship under this MPDPA with 30 days' wri | > | y may terminate the data sharing relationship under this MPDPA with 30 days' wri | ||
| > | tten notice, without penalty or breach of the underlying Partnership Agreement. | > | tten notice, without penalty or breach of the underlying Partnership Agreement. | ||
| 14083 | Table of Contents | 14077 | Table of Contents | ||
| 14084 | Last updated January 13, 2026 | 14078 | Last updated January 13, 2026 | ||
| 14085 | Referee Terms: To qualify, you must sign up for Gusto between January 15th, 2026 | 14079 | Referee Terms: To qualify, you must sign up for Gusto between January 15th, 2026 | ||
| > | and April 15th, 2026 and run one or more paid payrolls. You will receive a $100 | > | and April 15th, 2026 and run one or more paid payrolls. You will receive a $100 | ||
| > | Visa gift card within thirty (30) days of your first paid invoice. Additionally | > | Visa gift card within thirty (30) days of your first paid invoice. Additionally | ||
| > | , if you qualify pursuant to these terms AND you onboard ten (10) or more employ | > | , if you qualify pursuant to these terms AND you onboard ten (10) or more employ | ||
| > | ees prior to the first payroll run and invoice paid, the incentive offered above | > | ees prior to the first payroll run and invoice paid, the incentive offered above | ||
| > | will increase to $200. You cannot participate in pay-per-click advertising on t | > | will increase to $200. You cannot participate in pay-per-click advertising on t | ||
| > | rademarked terms, including any derivations, variations or misspellings thereof, | > | rademarked terms, including any derivations, variations or misspellings thereof, | ||
| > | for search or content-based campaigns on Google, MSN, or Yahoo. For the purpose | > | for search or content-based campaigns on Google, MSN, or Yahoo. For the purpose | ||
| > | s of these terms, trademarked terms include Gusto, Gusto Payroll, Gusto HR, Gust | > | s of these terms, trademarked terms include Gusto, Gusto Payroll, Gusto HR, Gust | ||
| > | o Benefits, ZenPayroll, Gusto Coupon, Gusto.com and Buy Gusto (all keywords appl | > | o Benefits, ZenPayroll, Gusto Coupon, Gusto.com and Buy Gusto (all keywords appl | ||
| > | y as broad match). | > | y as broad match). | ||
| n | n | 14080 | EIN Application Service Supplemental Terms | ||
| 14081 | Version | ||||
| 14082 | Version 3.0 (Current) | ||||
| 14083 | Version 2.0 | ||||
| 14084 | Version 1.0 | ||||
| 14085 | Effective April 16th 2026 | ||||
| 14086 | Download | ||||
| 14087 | Table of Contents | ||||
| 14088 | Last Updated: April 15, 2026 | ||||
| 14089 | These Supplemental Terms ("Supplemental Terms") govern your use of the EIN Appli | ||||
| > | cation Service offered by Gusto, Inc. ("Gusto," "we," or "us") and supplement th | ||||
| > | e Gusto Terms of Service (the "Terms of Service"). In the event of a conflict be | ||||
| > | tween these Supplemental Terms and the Terms of Service, these Supplemental Term | ||||
| > | s control with respect to the EIN Application Service. Capitalized terms not def | ||||
| > | ined here have the meanings given in the Terms of Service. | ||||
| 14090 | 1. Service Description and Scope | ||||
| 14091 | The EIN Application Service is a paid service through which Gusto facilitates th | ||||
| > | e submission of an Application for Employer Identification Number (IRS Form SS-4 | ||||
| > | ) to the Internal Revenue Service ("IRS"). The EIN Application Service includes | ||||
| > | the collection of the information required by the IRS, submission of your applic | ||||
| > | ation, and delivery of your assigned EIN upon receipt from the IRS. | ||||
| 14092 | The EIN Application Service is an administrative filing service. It does not inc | ||||
| > | lude tax advice, legal advice, entity formation, registered agent services, or a | ||||
| > | ny services beyond the submission of your EIN application. Gusto is not a law fi | ||||
| > | rm, and nothing in the EIN Application Service constitutes legal, tax, or financ | ||||
| > | ial advice. You should consult a qualified professional for advice specific to y | ||||
| > | our situation. | ||||
| 14093 | You are the applicant on your EIN application. Gusto facilitates the transmissio | ||||
| > | n of your self-directed application to the IRS but does not act as your third-pa | ||||
| > | rty designee, representative, or agent before the IRS. You are responsible for r | ||||
| > | esponding to any IRS correspondence or inquiries regarding your application. Upo | ||||
| > | n successful processing of your application, your EIN will be made available in | ||||
| > | your Gusto account. | ||||
| 14094 | 2. Data Sharing and Privacy | ||||
| 14095 | To process your EIN application, Gusto collects certain sensitive personal infor | ||||
| > | mation, including your Social Security Number or Individual Taxpayer Identificat | ||||
| > | ion Number ("SSN/TIN"), legal name, address, and other information required by t | ||||
| > | he IRS on Form SS-4 (collectively, "EIN Application Data"). Gusto may share your | ||||
| > | EIN Application Data with third-party service providers engaged by Gusto solely | ||||
| > | to facilitate the submission and processing of your EIN application. Such provi | ||||
| > | ders are contractually obligated to use your EIN Application Data only for that | ||||
| > | purpose and are prohibited from disclosing or retaining it for any other purpose | ||||
| > | . Gusto will also transmit your EIN Application Data to the IRS as part of the a | ||||
| > | pplication process. Your use of the EIN Application Service constitutes your exp | ||||
| > | ress consent to the collection, use, and sharing of your EIN Application Data as | ||||
| > | described in this Section and in the Gusto Privacy Policy. | ||||
| 14096 | 3. Payment | ||||
| 14097 | The EIN Application Service is a one-time service available for the fee displaye | ||||
| > | d at checkout. Payment is collected at the time of purchase through Stripe, our | ||||
| > | third-party payment processor. Your payment transaction is also subject to Strip | ||||
| > | e's terms, which are presented at checkout. Applicable taxes, if any, will be ca | ||||
| > | lculated and collected by Stripe as Merchant of Record. | ||||
| 14098 | 4. Refund Policy | ||||
| 14099 | The EIN Application Service fee is non-refundable. Upon completion of your purch | ||||
| > | ase, your EIN application is submitted to the IRS for processing, and the filing | ||||
| > | service is considered complete. No refunds or credits will be issued for comple | ||||
| > | ted submissions. | ||||
| 14100 | If Gusto fails to submit your application due to an error solely attributable to | ||||
| > | Gusto, Gusto will, at its option, resubmit the application at no additional cos | ||||
| > | t or issue a refund of the service fee. This is your sole remedy for such a fail | ||||
| > | ure. | ||||
| 14101 | 5. Customer Responsibility for Accuracy | ||||
| 14102 | You represent and warrant that all information you provide in connection with th | ||||
| > | e EIN Application Service, including all EIN Application Data, is true, accurate | ||||
| > | , complete, and current as of the date of submission. You are solely responsible | ||||
| > | for: | ||||
| 14103 | (a) Ensuring that the information provided in your EIN application is correct an | ||||
| > | d complete, including the identification of the responsible party as required by | ||||
| > | the IRS. | ||||
| 14104 | (b) Reviewing any EIN confirmation or correspondence received from the IRS and p | ||||
| > | romptly notifying Gusto of any errors or discrepancies. | ||||
| 14105 | (c) Complying with all applicable IRS requirements, including the obligation to | ||||
| > | report changes to your responsible party or business information to the IRS with | ||||
| > | in sixty (60) days using IRS Form 8822-B. | ||||
| 14106 | Gusto has no liability for any consequences arising from inaccurate, incomplete, | ||||
| > | or outdated information you provide. | ||||
| 14107 | 6. Limitation of Liability | ||||
| 14108 | The EIN Application Service facilitates the submission of your EIN application t | ||||
| > | o the IRS. Gusto does not guarantee that the IRS will approve your application, | ||||
| > | assign an EIN within any particular timeframe, or process your application witho | ||||
| > | ut delay or error. You acknowledge that: | ||||
| 14109 | (a) The IRS is solely responsible for reviewing, processing, and approving or re | ||||
| > | jecting EIN applications, and Gusto has no control over IRS processing times, sy | ||||
| > | stems, or decisions. | ||||
| 14110 | (b) Gusto shall not be liable for any loss, damage, cost, or expense arising fro | ||||
| > | m or related to (i) the rejection, delay, or denial of your EIN application by t | ||||
| > | he IRS, (ii) any IRS system outage, error, or unavailability, (iii) any inaccura | ||||
| > | cy in your EIN Application Data that you provided, or (iv) your inability to use | ||||
| > | an EIN for any intended purpose. | ||||
| 14111 | (c) To the maximum extent permitted by applicable law, Gusto's total aggregate l | ||||
| > | iability arising out of or related to the EIN Application Service shall not exce | ||||
| > | ed the fees paid by you to Gusto for the EIN Application Service. | ||||
| 14112 | 7. General | ||||
| 14113 | These Supplemental Terms are governed by the same governing law and dispute reso | ||||
| > | lution provisions set forth in the Terms of Service. If any provision of these S | ||||
| > | upplemental Terms is held unenforceable, the remaining provisions remain in full | ||||
| > | force and effect. Gusto may update these Supplemental Terms from time to time b | ||||
| > | y posting revised terms. Your continued use of the EIN Application Service after | ||||
| > | any update constitutes acceptance of the revised terms. | ||||
| 14114 | Effective April 15th 2026 to April 16th 2026 | ||||
| 14115 | Download | ||||
| 14116 | Table of Contents | ||||
| 14117 | EIN Application Service Supplemental Terms | ||||
| 14118 | Last Updated: April 15, 2026 | ||||
| 14119 | These Supplemental Terms ("Supplemental Terms") govern your use of the EIN Appli | ||||
| > | cation Service offered by Gusto, Inc. ("Gusto," "we," or "us") and supplement th | ||||
| > | e Gusto Terms of Service (the "Terms of Service"). In the event of a conflict be | ||||
| > | tween these Supplemental Terms and the Terms of Service, these Supplemental Term | ||||
| > | s control with respect to the EIN Application Service. Capitalized terms not def | ||||
| > | ined here have the meanings given in the Terms of Service. | ||||
| 14120 | 1. Service Description and Scope | ||||
| 14121 | The EIN Application Service is a paid service through which Gusto facilitates th | ||||
| > | e submission of an Application for Employer Identification Number (IRS Form SS-4 | ||||
| > | ) to the Internal Revenue Service ("IRS"). The EIN Application Service includes | ||||
| > | the collection of the information required by the IRS, submission of your applic | ||||
| > | ation, and delivery of your assigned EIN upon receipt from the IRS. | ||||
| 14122 | The EIN Application Service is an administrative filing service. It does not inc | ||||
| > | lude tax advice, legal advice, entity formation, registered agent services, or a | ||||
| > | ny services beyond the submission of your EIN application. Gusto is not a law fi | ||||
| > | rm, and nothing in the EIN Application Service constitutes legal, tax, or financ | ||||
| > | ial advice. You should consult a qualified professional for advice specific to y | ||||
| > | our situation. | ||||
| 14123 | You are the applicant on your EIN application. Gusto facilitates the transmissio | ||||
| > | n of your self-directed application to the IRS but does not act as your third-pa | ||||
| > | rty designee, representative, or agent before the IRS. You are responsible for r | ||||
| > | esponding to any IRS correspondence or inquiries regarding your application. Upo | ||||
| > | n successful processing of your application, your EIN will be made available in | ||||
| > | your Gusto account. | ||||
| 14124 | 2. Data Sharing and Privacy | ||||
| 14125 | To process your EIN application, Gusto collects certain sensitive personal infor | ||||
| > | mation, including your Social Security Number or Individual Taxpayer Identificat | ||||
| > | ion Number ("SSN/TIN"), legal name, address, and other information required by t | ||||
| > | he IRS on Form SS-4 (collectively, "EIN Application Data"). Gusto may share your | ||||
| > | EIN Application Data with third-party service providers engaged by Gusto solely | ||||
| > | to facilitate the submission and processing of your EIN application. Such provi | ||||
| > | ders are contractually obligated to use your EIN Application Data only for that | ||||
| > | purpose and are prohibited from disclosing or retaining it for any other purpose | ||||
| > | . Gusto will also transmit your EIN Application Data to the IRS as part of the a | ||||
| > | pplication process. Your use of the EIN Application Service constitutes your exp | ||||
| > | ress consent to the collection, use, and sharing of your EIN Application Data as | ||||
| > | described in this Section and in the Gusto Privacy Policy. | ||||
| 14126 | 3. Payment | ||||
| 14127 | The EIN Application Service is a one-time service available for the fee displaye | ||||
| > | d at checkout. Payment is collected at the time of purchase through Stripe, our | ||||
| > | third-party payment processor. Your payment transaction is also subject to Strip | ||||
| > | e's terms, which are presented at checkout. Applicable taxes, if any, will be ca | ||||
| > | lculated and collected by Stripe as Merchant of Record. | ||||
| 14128 | 4. Refund Policy | ||||
| 14129 | The EIN Application Service fee is non-refundable. Upon completion of your purch | ||||
| > | ase, your EIN application is submitted to the IRS for processing, and the filing | ||||
| > | service is considered complete. No refunds or credits will be issued for comple | ||||
| > | ted submissions. | ||||
| 14130 | If Gusto fails to submit your application due to an error solely attributable to | ||||
| > | Gusto, Gusto will, at its option, resubmit the application at no additional cos | ||||
| > | t or issue a refund of the service fee. This is your sole remedy for such a fail | ||||
| > | ure. | ||||
| 14131 | 5. Customer Responsibility for Accuracy | ||||
| 14132 | You represent and warrant that all information you provide in connection with th | ||||
| > | e EIN Application Service, including all EIN Application Data, is true, accurate | ||||
| > | , complete, and current as of the date of submission. You are solely responsible | ||||
| > | for: | ||||
| 14133 | (a) Ensuring that the information provided in your EIN application is correct an | ||||
| > | d complete, including the identification of the responsible party as required by | ||||
| > | the IRS. | ||||
| 14134 | (b) Reviewing any EIN confirmation or correspondence received from the IRS and p | ||||
| > | romptly notifying Gusto of any errors or discrepancies. | ||||
| 14135 | (c) Complying with all applicable IRS requirements, including the obligation to | ||||
| > | report changes to your responsible party or business information to the IRS with | ||||
| > | in sixty (60) days using IRS Form 8822-B. | ||||
| 14136 | Gusto has no liability for any consequences arising from inaccurate, incomplete, | ||||
| > | or outdated information you provide. | ||||
| 14137 | 6. Limitation of Liability | ||||
| 14138 | The EIN Application Service facilitates the submission of your EIN application t | ||||
| > | o the IRS. Gusto does not guarantee that the IRS will approve your application, | ||||
| > | assign an EIN within any particular timeframe, or process your application witho | ||||
| > | ut delay or error. You acknowledge that: | ||||
| 14139 | (a) The IRS is solely responsible for reviewing, processing, and approving or re | ||||
| > | jecting EIN applications, and Gusto has no control over IRS processing times, sy | ||||
| > | stems, or decisions. | ||||
| 14140 | (b) Gusto shall not be liable for any loss, damage, cost, or expense arising fro | ||||
| > | m or related to (i) the rejection, delay, or denial of your EIN application by t | ||||
| > | he IRS, (ii) any IRS system outage, error, or unavailability, (iii) any inaccura | ||||
| > | cy in your EIN Application Data that you provided, or (iv) your inability to use | ||||
| > | an EIN for any intended purpose. | ||||
| 14141 | (c) To the maximum extent permitted by applicable law, Gusto's total aggregate l | ||||
| > | iability arising out of or related to the EIN Application Service shall not exce | ||||
| > | ed the fees paid by you to Gusto for the EIN Application Service. | ||||
| 14142 | 7. General | ||||
| 14143 | These Supplemental Terms are governed by the same governing law and dispute reso | ||||
| > | lution provisions set forth in the Terms of Service. If any provision of these S | ||||
| > | upplemental Terms is held unenforceable, the remaining provisions remain in full | ||||
| > | force and effect. Gusto may update these Supplemental Terms from time to time b | ||||
| > | y posting revised terms. Your continued use of the EIN Application Service after | ||||
| > | any update constitutes acceptance of the revised terms. | ||||
| 14144 | Effective April 15th 2026 to April 15th 2026 | ||||
| 14145 | Download | ||||
| 14146 | Table of Contents | ||||
| 14147 | EIN Application Service Supplemental Terms | ||||
| 14148 | Last Updated: April 15, 2026 | ||||
| 14149 | These Supplemental Terms ("Supplemental Terms") govern your use of the EIN Appli | ||||
| > | cation Service offered by Gusto, Inc. ("Gusto," "we," or "us") and supplement th | ||||
| > | e Gusto Terms of Service (the "Terms of Service"). In the event of a conflict be | ||||
| > | tween these Supplemental Terms and the Terms of Service, these Supplemental Term | ||||
| > | s control with respect to the EIN Application Service. Capitalized terms not def | ||||
| > | ined here have the meanings given in the Terms of Service. | ||||
| 14150 | 1. Service Description and Scope | ||||
| 14151 | The EIN Application Service is a paid service through which Gusto facilitates th | ||||
| > | e submission of an Application for Employer Identification Number (IRS Form SS-4 | ||||
| > | ) to the Internal Revenue Service ("IRS"). The EIN Application Service includes | ||||
| > | the collection of the information required by the IRS, submission of your applic | ||||
| > | ation, and delivery of your assigned EIN upon receipt from the IRS. | ||||
| 14152 | The EIN Application Service is an administrative filing service. It does not inc | ||||
| > | lude tax advice, legal advice, entity formation, registered agent services, or a | ||||
| > | ny services beyond the submission of your EIN application. Gusto is not a law fi | ||||
| > | rm, and nothing in the EIN Application Service constitutes legal, tax, or financ | ||||
| > | ial advice. You should consult a qualified professional for advice specific to y | ||||
| > | our situation. | ||||
| 14153 | You are the applicant on your EIN application. Gusto facilitates the transmissio | ||||
| > | n of your self-directed application to the IRS but does not act as your third-pa | ||||
| > | rty designee, representative, or agent before the IRS. You are responsible for r | ||||
| > | esponding to any IRS correspondence or inquiries regarding your application. Upo | ||||
| > | n successful processing of your application, your EIN will be made available in | ||||
| > | your Gusto account. | ||||
| 14154 | 2. Data Sharing and Privacy | ||||
| 14155 | To process your EIN application, Gusto collects certain sensitive personal infor | ||||
| > | mation, including your Social Security Number or Individual Taxpayer Identificat | ||||
| > | ion Number ("SSN/TIN"), legal name, address, and other information required by t | ||||
| > | he IRS on Form SS-4 (collectively, "EIN Application Data"). Gusto may share your | ||||
| > | EIN Application Data with third-party service providers engaged by Gusto solely | ||||
| > | to facilitate the submission and processing of your EIN application. Such provi | ||||
| > | ders are contractually obligated to use your EIN Application Data only for that | ||||
| > | purpose and are prohibited from disclosing or retaining it for any other purpose | ||||
| > | . Gusto will also transmit your EIN Application Data to the IRS as part of the a | ||||
| > | pplication process. Your use of the EIN Application Service constitutes your exp | ||||
| > | ress consent to the collection, use, and sharing of your EIN Application Data as | ||||
| > | described in this Section and in the Gusto Privacy Policy. | ||||
| 14156 | 3. Payment | ||||
| 14157 | The EIN Application Service is a one-time service available for the fee displaye | ||||
| > | d at checkout. Payment is collected at the time of purchase through Stripe, our | ||||
| > | third-party payment processor. Your payment transaction is also subject to Strip | ||||
| > | e's terms, which are presented at checkout. Applicable taxes, if any, will be ca | ||||
| > | lculated and collected by Stripe as Merchant of Record. | ||||
| 14158 | 4. Refund Policy | ||||
| 14159 | The EIN Application Service fee is non-refundable. Upon completion of your purch | ||||
| > | ase, your EIN application is submitted to the IRS for processing, and the filing | ||||
| > | service is considered complete. No refunds or credits will be issued for comple | ||||
| > | ted submissions. | ||||
| 14160 | If Gusto fails to submit your application due to an error solely attributable to | ||||
| > | Gusto, Gusto will, at its option, resubmit the application at no additional cos | ||||
| > | t or issue a refund of the service fee. This is your sole remedy for such a fail | ||||
| > | ure. | ||||
| 14161 | 5. Customer Responsibility for Accuracy | ||||
| 14162 | You represent and warrant that all information you provide in connection with th | ||||
| > | e EIN Application Service, including all EIN Application Data, is true, accurate | ||||
| > | , complete, and current as of the date of submission. You are solely responsible | ||||
| > | for: | ||||
| 14163 | (a) Ensuring that the information provided in your EIN application is correct an | ||||
| > | d complete, including the identification of the responsible party as required by | ||||
| > | the IRS. | ||||
| 14164 | (b) Reviewing any EIN confirmation or correspondence received from the IRS and p | ||||
| > | romptly notifying Gusto of any errors or discrepancies. | ||||
| 14165 | (c) Complying with all applicable IRS requirements, including the obligation to | ||||
| > | report changes to your responsible party or business information to the IRS with | ||||
| > | in sixty (60) days using IRS Form 8822-B. | ||||
| 14166 | Gusto has no liability for any consequences arising from inaccurate, incomplete, | ||||
| > | or outdated information you provide. | ||||
| 14167 | 6. Limitation of Liability | ||||
| 14168 | The EIN Application Service facilitates the submission of your EIN application t | ||||
| > | o the IRS. Gusto does not guarantee that the IRS will approve your application, | ||||
| > | assign an EIN within any particular timeframe, or process your application witho | ||||
| > | ut delay or error. You acknowledge that: | ||||
| 14169 | (a) The IRS is solely responsible for reviewing, processing, and approving or re | ||||
| > | jecting EIN applications, and Gusto has no control over IRS processing times, sy | ||||
| > | stems, or decisions. | ||||
| 14170 | (b) Gusto shall not be liable for any loss, damage, cost, or expense arising fro | ||||
| > | m or related to (i) the rejection, delay, or denial of your EIN application by t | ||||
| > | he IRS, (ii) any IRS system outage, error, or unavailability, (iii) any inaccura | ||||
| > | cy in your EIN Application Data that you provided, or (iv) your inability to use | ||||
| > | an EIN for any intended purpose. | ||||
| 14171 | (c) To the maximum extent permitted by applicable law, Gusto's total aggregate l | ||||
| > | iability arising out of or related to the EIN Application Service shall not exce | ||||
| > | ed the fees paid by you to Gusto for the EIN Application Service. | ||||
| 14172 | 7. General | ||||
| 14173 | These Supplemental Terms are governed by the same governing law and dispute reso | ||||
| > | lution provisions set forth in the Terms of Service. If any provision of these S | ||||
| > | upplemental Terms is held unenforceable, the remaining provisions remain in full | ||||
| > | force and effect. Gusto may update these Supplemental Terms from time to time b | ||||
| > | y posting revised terms. Your continued use of the EIN Application Service after | ||||
| > | any update constitutes acceptance of the revised terms. | ||||
| 14174 | Gusto Powered Practices Contest Official Rules | ||||
| 14175 | Version | ||||
| 14176 | Version 1.0 (Current) | ||||
| 14177 | Effective April 15th 2026 | ||||
| 14178 | Download | ||||
| 14179 | Table of Contents | ||||
| 14180 | Gusto Powered Practices Contest Official Rules | ||||
| 14181 | NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL | ||||
| > | NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST HAVE INTERNET ACCESS AND A VALID | ||||
| > | EMAIL ADDRESS TO PARTICIPATE. | ||||
| 14182 | To enter this Contest (defined below), you (on behalf of yourself and your accou | ||||
| > | nting firm as the case warrants) must agree to and abide by these rules ("Offici | ||||
| > | al Rules"). Participation constitutes entrant's full and unconditional agreement | ||||
| > | to the Official Rules and Sponsor's and Administrator's decisions and interpret | ||||
| > | ations of the Official Rules (as well as those of judges), which are final and b | ||||
| > | inding in all matters related to the Contest. To win a prize, an Eligible Firm m | ||||
| > | ust fulfill all requirements set forth herein. | ||||
| 14183 | 1. Sponsor and Administrator. | ||||
| 14184 | Gusto, Inc., 525 20th Street, San Francisco, CA 94107 | ||||
| 14185 | 2. Eligibility of Entrants. | ||||
| 14186 | Subject to the additional restrictions below, the Gusto Powered Practices (the " | ||||
| > | Contest") is open to legal residents of the United States who own or are an auth | ||||
| > | orized representative of an Eligible Firm (as defined below) located in the Unit | ||||
| > | ed States and who are (i) at least 18 years of age, (ii) operate or represent a | ||||
| > | firm incorporated for at least 12 months prior to submitting an entry into the C | ||||
| > | ontest, (iii) own or represent an Eligible Firm, and (iv) have a bank account ca | ||||
| > | pable of accepting receipt of funds via ACH or similar. "Eligible Firm" is defin | ||||
| > | ed as an accounting or bookkeeping firm with principal operations in the United | ||||
| > | States that is either (a) an existing member of the Gusto Accountant Partner Pro | ||||
| > | gram at the time of entry, or (b) a net new firm that successfully enrolls in th | ||||
| > | e Gusto Accountant Partner Program prior to or concurrent with submission of the | ||||
| > | ir Contest entry. Entrants are under no obligation to purchase any additional se | ||||
| > | rvices from Sponsor or affiliates of Sponsor beyond the free Gusto Accountant Pa | ||||
| > | rtner Program enrollment in order to participate or win. | ||||
| 14187 | For the avoidance of doubt, individual consumers, sole proprietors not operating | ||||
| > | as an accounting/bookkeeping firm, and businesses that are not accounting or bo | ||||
| > | okkeeping firms are NOT eligible. Valid email account and Internet access (inclu | ||||
| > | ding a public-facing account on at least one eligible platform: LinkedIn, Instag | ||||
| > | ram, X, or TikTok) are required. | ||||
| 14188 | In addition, to be eligible, the Eligible Firm must (1) be in good standing with | ||||
| > | the jurisdiction under whose law it is incorporated/organized, (2) not be a par | ||||
| > | ty to any existing or pending litigation adverse to Sponsor, (3) not be engaged | ||||
| > | in any trade or business that is prohibited by applicable law or that, in Sponso | ||||
| > | r’s reasonable judgment, could expose Sponsor to reputational, legal, or regulat | ||||
| > | ory risk, and (4) sign any additional forms reasonably required by Gusto. Moreov | ||||
| > | er, and without limitation, employees, officers, and directors of Sponsor, Admin | ||||
| > | istrator, or supplying the prize (or any portion of the prize), and/or their res | ||||
| > | pective parent companies, or subsidiary, affiliated and successor companies (col | ||||
| > | lectively, the "Promotion Entities"), and the immediate family and household mem | ||||
| > | bers of any of the foregoing individuals, are not eligible to enter a firm in th | ||||
| > | e Contest. "Immediate family members" shall mean parents, legal guardians, step- | ||||
| > | parents, children, step-children, siblings, step-siblings, or spouses, regardles | ||||
| > | s of where they live. "Household members" shall mean people who share the same r | ||||
| > | esidence at least three (3) months a year, whether legally related or not. | ||||
| 14189 | Potential Eligible Firm winners may be required to provide proof of eligibility | ||||
| > | in order to receive a prize. If an individual who submitted an entry in the Cont | ||||
| > | est is not the owner of the corresponding Eligible Firm, such proof of eligibili | ||||
| > | ty will include written authorization from the Firm owner permitting such indivi | ||||
| > | dual to enter the underlying Firm in the Contest. Void outside the Eligibility A | ||||
| > | rea and where prohibited by law. | ||||
| 14190 | Further, in order to be eligible, the Firm owner (whether or not he/she/they act | ||||
| > | ually submitted the Contest Entry) as well as the Eligible Firm itself must not | ||||
| > | (a) commit or have committed any act which brings the Eligible Firm or Sponsor i | ||||
| > | nto public disrepute, contempt, scandal, or ridicule, or which reflects unfavora | ||||
| > | bly upon the reputation of Sponsor; (b) take or have taken any action against Sp | ||||
| > | onsor or make/made any statements in derogation of Sponsor and/or its products o | ||||
| > | r services that are made known to the general public; or (c) be or have been cha | ||||
| > | rged with a felony or a crime of moral turpitude (collectively, "Unbecoming Cond | ||||
| > | uct"). Sponsor reserves the right in its sole discretion to disqualify any poten | ||||
| > | tial winner if due diligence reveals ineligibility or Unbecoming Conduct. Gusto | ||||
| > | also reserves the right to disqualify a potential winner for any reason in Spons | ||||
| > | or’s sole discretion. | ||||
| 14191 | 3. Contest Entry Period. | ||||
| 14192 | The Contest shall begin on April 16, 2026 (“Launch Date”) and shall end on May 1 | ||||
| > | 6, 2026 at 11:59 p.m. Pacific Time ("PT") (the "Contest Entry Period"). Sponsor’ | ||||
| > | s computer is the official clock for this Contest. Gusto has the right to termin | ||||
| > | ate the Contest at any point in its discretion. | ||||
| 14193 | 4. How to Enter. | ||||
| 14194 | Entrants (as used herein, "Entrant" means, collectively, the authorized individu | ||||
| > | al actually submitting the entry on behalf of an Eligible Firm — whether or not | ||||
| > | he/she/they is the Firm owner — together with the corresponding Eligible Firm, a | ||||
| > | s the case warrants) may enter the Contest during the Contest Entry Period as fo | ||||
| > | llows. To enter, publish a post on any of the following platforms describing how | ||||
| > | your accounting firm uses artificial intelligence (AI) in your practice: | ||||
| 14195 | |||||
| 14196 | |||||
| 14197 | TikTok | ||||
| 14198 | X (formerly Twitter) | ||||
| 14199 | Your post must include ALL of the following. Posts missing any required element | ||||
| > | will not be considered a valid Entry: | ||||
| 14200 | The official campaign hashtag: #AccountingWithAI | ||||
| 14201 | A tag of the official Gusto account on your chosen platform: | ||||
| 14202 | LinkedIn: @GustoHQ — https://www.linkedin.com/company/gustohq | ||||
| 14203 | Instagram: @gustoHQ — https://www.instagram.com/gustohq | ||||
| 14204 | TikTok: @gusto — https://www.tiktok.com/@gusto | ||||
| 14205 | X: @gustoHQ — https://x.com/gustohq | ||||
| 14206 | A tag of your firm's own account on the same platform | ||||
| 14207 | Accepted content formats: Video (preferred), static image, or written text post. | ||||
| > | No formal submission form is required — social posting constitutes your entry. | ||||
| 14208 | Additional entry requirements: | ||||
| 14209 | You must ensure that your account and/or firm page is set to public on the platf | ||||
| > | orm used for submission so that Gusto is able to see your post. | ||||
| 14210 | You must be the owner or an authorized poster on behalf of an Eligible Firm loca | ||||
| > | ted and incorporated in the United States. | ||||
| 14211 | Only one (1) Entry per Eligible Firm will be considered during the Contest Entry | ||||
| > | Period. If multiple posts are submitted by the same Firm, Gusto will determine | ||||
| > | which post qualifies as the Entry in its sole discretion. | ||||
| 14212 | Incomplete submissions will not be accepted. Use of automated or similar quick e | ||||
| > | ntry devices or programs, or entries by third parties, are prohibited and will r | ||||
| > | esult in disqualification. Sponsor and Administrator will not be responsible for | ||||
| > | late, lost, incomplete, or misdirected entries. Proof of submission does not co | ||||
| > | nstitute proof of receipt. All Entries must be submitted prior to the expiration | ||||
| > | of the Contest Entry Period. | ||||
| 14213 | BY POSTING WITH THE REQUIRED HASHTAG (#AccountingWithAI) AND TAGGING THE OFFICIA | ||||
| > | L GUSTO ACCOUNT ON YOUR CHOSEN PLATFORM AS DETAILED HEREIN, YOU ARE SIGNIFYING T | ||||
| > | HAT YOU AND THE CORRESPONDING ELIGIBLE FIRM AGREE TO THESE OFFICIAL RULES, MEET | ||||
| > | THE ELIGIBILITY REQUIREMENTS, AND HAVE READ AND AGREE TO THESE OFFICIAL RULES AN | ||||
| > | D SPONSOR'S TERMS OF USE. FAILURE TO TAG THE OFFICIAL GUSTO ACCOUNT MEANS YOUR S | ||||
| > | UBMISSION CANNOT BE TRACKED AND YOUR FIRM WILL NOT BE ENTERED IN THE CONTEST AND | ||||
| > | WILL NOT BE ELIGIBLE TO WIN A PRIZE. | ||||
| 14214 | 5. Entry Restrictions. | ||||
| 14215 | By submitting an Entry, Entrant (on behalf of him/her/themselves and the corresp | ||||
| > | onding Eligible Firm) gives permission to Gusto to utilize the Entries and warra | ||||
| > | nts and represents that he/she/they has obtained all rights necessary to give su | ||||
| > | ch permission and grant the permissions referenced herein. | ||||
| 14216 | By submitting an Entry, Entrant (on behalf of him/her/themselves and the corresp | ||||
| > | onding Eligible Firm) grants Sponsor and its licensees, successors, assigns, and | ||||
| > | designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, no | ||||
| > | n-exclusive right and license (the "License") to use and otherwise exploit Entra | ||||
| > | nt's Entry, including all text and materials included therein, in whole or in pa | ||||
| > | rt, in any manner and on any media, including without limitation online, and to | ||||
| > | create derivative works based thereon, without compensation to Entrant or any El | ||||
| > | igible Firm, in accordance with these Official Rules, as well as in advertising, | ||||
| > | promotion, and publicity of the Contest, Sponsor's products and services, and o | ||||
| > | therwise as solely determined by Sponsor. | ||||
| 14217 | Any elements appearing in your entry must be entirely original, created by you, | ||||
| > | be in the public domain, or be an item to which you have the ability to grant Gu | ||||
| > | sto a license. Use of materials that are not original to you or that you have no | ||||
| > | right to license may result in disqualification. Entries that do not conform to | ||||
| > | or that violate these Official Rules will be disqualified. Sponsor reserves the | ||||
| > | right to disqualify any entry that violates the foregoing restrictions, as dete | ||||
| > | rmined by Sponsor in its sole discretion. | ||||
| 14218 | 6. Content Guidelines. | ||||
| 14219 | In addition to complying with all other requirements of these Official Rules, ea | ||||
| > | ch Entry must comply with the following content guidelines ("Content Guidelines" | ||||
| > | ). Any Entry that Sponsor/Administrator, in their sole discretion, determines is | ||||
| > | in violation of any Content Guideline may be disqualified. Each Entry: | ||||
| 14220 | Must be truthful, not exaggerated, and must not include any information that is | ||||
| > | confidential or proprietary to the Eligible Firm or any third party without prop | ||||
| > | er authorization; | ||||
| 14221 | Must be relevant to how the Eligible Firm uses artificial intelligence in its ac | ||||
| > | counting or bookkeeping practice; | ||||
| 14222 | Must not contain unauthorized content that violates or infringes any third-party | ||||
| > | rights, including privacy, publicity, trade secret, copyright, or trademark rig | ||||
| > | hts; | ||||
| 14223 | Must not disparage any individual or entity, including Sponsor, Administrator, a | ||||
| > | ny other person or entity affiliated with the Contest, or competitive products o | ||||
| > | r services; | ||||
| 14224 | Must not contain content that is misleading, inappropriate, indecent, obscene, s | ||||
| > | exually explicit, hateful, tortious, defamatory, slanderous, or libelous; | ||||
| 14225 | Must not contain explicit language, images of violence, promotion of illegal act | ||||
| > | ivities, tobacco, alcohol, drugs, or controlled substances; | ||||
| 14226 | Must not reflect, advocate, or promote bigotry, racism, hatred, harm, or discrim | ||||
| > | ination based on race, gender, religion, nationality, disability, sexual orienta | ||||
| > | tion, or age; | ||||
| 14227 | Must not contain content that is unlawful or contrary to any applicable federal | ||||
| > | or state laws or regulations; | ||||
| 14228 | Must not have been previously submitted in a promotion of any kind or published | ||||
| > | publicly for commercial use prior to the Contest Entry Period; | ||||
| 14229 | There must be no inappropriate language or images. All submissions should be app | ||||
| > | ropriate for a professional business audience. | ||||
| 14230 | 7. Contest Judging. | ||||
| 14231 | Judging will take place from on or about May 17, 2026 through on or about May 31 | ||||
| > | , 2026 (the “Judging Period”). Each eligible Entry will be reviewed and judged b | ||||
| > | y one (1) or more panels of judges selected by Sponsor (the "Judges"). Entries w | ||||
| > | ill be evaluated within six (6) award categories: | ||||
| 14232 | Industry Transformation | ||||
| 14233 | Client Experience | ||||
| 14234 | Community Building | ||||
| 14235 | Operational Efficiency | ||||
| 14236 | Growth & Scale | ||||
| 14237 | Innovation Pioneer | ||||
| 14238 | One (1) winner will be selected per category for a total of six (6) winners. Eac | ||||
| > | h Entry will be assigned to the category that best reflects its content, as dete | ||||
| > | rmined by Sponsor in its sole discretion. If a potential winner is deemed inelig | ||||
| > | ible or disqualified, the eligible Entry with the next highest score in the rele | ||||
| > | vant category will be declared the new potential winner. Should all Entries in a | ||||
| > | category be deemed ineligible, Sponsor may in its sole discretion elect not to | ||||
| > | award a prize in that category. | ||||
| 14239 | Judging Criteria. Each eligible Contest Entry will be evaluated by the Judges ac | ||||
| > | ross the following five (5) equally weighted criteria, each scored on a scale of | ||||
| > | 1–10, for a maximum total score of 50 points: | ||||
| 14240 | Criterion 1 — Category Fit (1–10 points): How well does the entry exemplify the | ||||
| > | category the Entrant selected? (9–10: Perfect match; 7–8: Strong fit; 5–6: Could | ||||
| > | belong elsewhere; 3–4: Weak fit; 1–2: Wrong category) | ||||
| 14241 | Criterion 2 — Creativity (1–10 points): How novel or inventive is the approach t | ||||
| > | o using AI? (9–10: Genuinely novel; 7–8: Creative twist on existing tools; 5–6: | ||||
| > | Solid but standard execution; 3–4: Generic approach; 1–2: Appears copied or unor | ||||
| > | iginal) | ||||
| 14242 | Criterion 3 — Scalability (1–10 points): Could other accounting firms realistica | ||||
| > | lly adopt this approach? (9–10: Any firm could do this; 7–8: Most firms could ad | ||||
| > | opt it; 5–6: Requires specific tools; 3–4: Needs significant resources; 1–2: Onl | ||||
| > | y works for this specific firm) | ||||
| 14243 | Criterion 4 — Impact Clarity (1–10 points): Does the Entrant demonstrate concret | ||||
| > | e, measurable results? (9–10: Specific metrics provided; 7–8: Clear outcomes des | ||||
| > | cribed; 5–6: Vague benefits mentioned; 3–4: Claims without supporting evidence; | ||||
| > | 1–2: No results mentioned) | ||||
| 14244 | Criterion 5 — Storytelling (1–10 points): Is the post itself compelling and well | ||||
| > | -communicated? (9–10: Would share unprompted; 7–8: Engaging and memorable; 5–6: | ||||
| > | Informative but dry; 3–4: Hard to follow; 1–2: Confusing or unclear) | ||||
| 14245 | Maximum Total Score: 50 points | ||||
| 14246 | JUDGES' SCORING WILL BE AVERAGED AMONG PARTICIPATING JUDGES. NO ENTRANT RECEIVIN | ||||
| > | G A TOTAL AVERAGE SCORE OF LESS THAN 35 POINTS (OUT OF A MAXIMUM OF 50 POINTS) W | ||||
| > | ILL BE ELIGIBLE TO BE NAMED A FINALIST OR WIN THE CONTEST. | ||||
| 14247 | Sponsor's decisions in all matters relating to this Contest will be final and bi | ||||
| > | nding. If there is a tie, Sponsor shall cast the tie-breaking vote. | ||||
| 14248 | 8. Prize Winner Notification. | ||||
| 14249 | Potential winners will be notified by Sponsor via direct message on the platform | ||||
| > | through which they submitted their Entry and/or the email address associated wi | ||||
| > | th their Gusto Accountant Partner Program account on or around June 1, 2026, fol | ||||
| > | lowing the close of the Judging Period. Potential winners will be required to re | ||||
| > | spond to Sponsor within forty-eight (48) hours of notification, verifying eligib | ||||
| > | ility and willingness to accept the Award. | ||||
| 14250 | Failure to respond within forty-eight (48) hours or comply in any way with the s | ||||
| > | tated requirements may result in forfeiture of the Award Prize at the sole discr | ||||
| > | etion of Sponsor. Upon confirmation, Sponsor will send the potential winner a co | ||||
| > | ngratulatory package including an Affidavit of Eligibility/Release of Liability | ||||
| > | and Publicity Release form (the "Affidavit/Release"). The potential winner must | ||||
| > | execute and return the Affidavit/Release within five (5) business days of receip | ||||
| > | t. In addition, the potential winner will need to complete and return a complete | ||||
| > | d IRS Form W-9 with their Taxpayer Identification Number within five (5) busines | ||||
| > | s days of receipt. | ||||
| 14251 | Failure to return the Affidavit/Release and IRS Form W-9 correctly completed wit | ||||
| > | hin the required timeframe may result in forfeiture of the prize at Sponsor's so | ||||
| > | le discretion. If a potential winner cannot be reached, is found ineligible, or | ||||
| > | any notification is returned as undeliverable, the Entry that received the next | ||||
| > | highest score in the relevant category will be deemed the new potential winner, | ||||
| > | subject to eligibility verification. | ||||
| 14252 | 9. Prizes and Approximate Retail Values (ARV). | ||||
| 14253 | Category Prize (6 prizes, one per category): $5,000 USD + a Gumloop license per | ||||
| > | winner, two-month term (approximate retail value: $1,356 USD), awarded as a sing | ||||
| > | le payout. | ||||
| 14254 | Categories: | ||||
| 14255 | Industry Transformation — $5,000 | ||||
| 14256 | Client Experience — $5,000 | ||||
| 14257 | Community Building — $5,000 | ||||
| 14258 | Operational Efficiency — $5,000 | ||||
| 14259 | Growth & Scale — $5,000 | ||||
| 14260 | Innovation Pioneer — $5,000 | ||||
| 14261 | Total prize pool: $30,000 USD + six Gumloop licenses (one per winner). | ||||
| 14262 | Note: All federal, state, and local taxes are the sole responsibility of winners | ||||
| > | . Winners will be required to provide a W-9 for tax reporting purposes. An IRS F | ||||
| > | orm 1099 may be issued in the name of the winning Eligible Firm for the actual v | ||||
| > | alue of the prize received. By accepting a prize, the Entrant agrees (i) that wi | ||||
| > | nner is responsible for all federal, state, and local income tax liability on th | ||||
| > | e prize received; and (ii) to release and hold harmless Sponsor and affiliates f | ||||
| > | rom any and all disputes, claims, or causes of action, including personal injury | ||||
| > | , death, or damage to property, arising out of participation in the Contest or r | ||||
| > | eceipt or use of any prize. | ||||
| 14263 | Acceptance of the prize constitutes permission (except where prohibited) for Spo | ||||
| > | nsor and its designees to use winner's name, firm name, Contest Entry, likeness, | ||||
| > | biography, statements, and other personal or business characteristics in any an | ||||
| > | d all media now or hereafter known, for any purpose including marketing, winner' | ||||
| > | s list, promotional, and publicity purposes, without additional compensation. | ||||
| 14264 | LIMIT: ONE (1) PRIZE PER ELIGIBLE FIRM. Any costs and incidentals not specified | ||||
| > | herein are the winner's sole responsibility. No substitution or transfer of priz | ||||
| > | e by winner except with Sponsor's written permission. Sponsor reserves the right | ||||
| > | to substitute a prize of equal or greater value if a prize becomes unavailable. | ||||
| > | Unclaimed prizes will be forfeited. | ||||
| 14265 | 10. General. | ||||
| 14266 | In the event Sponsor is prevented from continuing with the Contest by any event | ||||
| > | beyond its control, including but not limited to fire, flood, epidemic, pandemic | ||||
| > | , earthquake, explosion, labor dispute or strike, act of God or public enemy, co | ||||
| > | mmunications or equipment failure, utility or service interruptions, riot or civ | ||||
| > | il disturbance, terrorist threat or activity, war (declared or undeclared), inte | ||||
| > | rference with the Contest by any party, or any federal, state, or local governme | ||||
| > | nt law, order, or regulation (each, a "Force Majeure" event), Sponsor shall have | ||||
| > | the right to modify, suspend, or terminate the Contest. | ||||
| 14267 | This Contest is subject to all applicable federal, state, and local laws and reg | ||||
| > | ulations. Void where prohibited. Sponsor's failure to enforce any provision of t | ||||
| > | hese Official Rules shall not constitute a waiver of that provision. | ||||
| 14268 | 11. Platform Non-Affiliation. | ||||
| 14269 | This Contest is in no way sponsored, endorsed, or administered by, or associated | ||||
| > | with, LinkedIn Corporation, Meta Platforms, Inc. (including Instagram), X Corp. | ||||
| > | , or TikTok Inc. (collectively, “Social Media Platforms”). Entrants understand t | ||||
| > | hat they are providing information to Sponsor and not to any Social Media Platfo | ||||
| > | rm. By participating in this Contest via any Social Media Platform, entrants agr | ||||
| > | ee to release each applicable Social Media Platform from any and all claims, dem | ||||
| > | ands, and damages (actual and consequential) arising out of or related to this C | ||||
| > | ontest. Any questions or comments regarding the Contest must be directed to Spon | ||||
| > | sor, not to the Social Media Platforms. | ||||
| 14270 | 12. Privacy. | ||||
| 14271 | Information collected from Entrants in connection with this Contest is subject t | ||||
| > | o Gusto’s Privacy Notice, available at https://gusto.com/privacy. By entering th | ||||
| > | e Contest, each Entrant acknowledges and agrees to the collection, use, and proc | ||||
| > | essing of their personal information as described therein. | ||||
| 14272 | 13. Winners List. | ||||
| 14273 | To request a list of contest winners, send a written request by mail to: Gusto, | ||||
| > | Inc., 525 20th Street, San Francisco, CA 94107, Attn: Gusto Powered Practices Co | ||||
| > | ntest — Winners List. Requests must be received within sixty (60) days after the | ||||
| > | close of the Judging Period. | ||||
| 14274 | 14. Governing Law and Dispute Resolution. | ||||
| 14275 | These Official Rules and any disputes arising hereunder shall be governed by and | ||||
| > | construed in accordance with the laws of the State of California, without regar | ||||
| > | d to its conflict of laws principles. Any dispute, claim, or controversy arising | ||||
| > | out of or relating to this Contest or these Official Rules that cannot be resol | ||||
| > | ved informally shall be submitted exclusively to the state or federal courts loc | ||||
| > | ated in San Francisco County, California, and each party irrevocably consents to | ||||
| > | the personal jurisdiction and venue of such courts. TO THE FULLEST EXTENT PERMI | ||||
| > | TTED BY LAW, ENTRANT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT O | ||||
| > | R CLASS-WIDE PROCEEDING RELATING TO THIS CONTEST OR THESE OFFICIAL RULES. | ||||
| 14276 | Sponsor: Gusto, Inc., 525 20th Street, San Francisco, CA 94107 | ||||
| 14277 | Official Hashtag: #AccountingWithAI | ||||
| 14278 | LinkedIn: @GustoHQ — https://www.linkedin.com/company/gustohq | ||||
| 14279 | Instagram: @gustoHQ — https://www.instagram.com/gustohq | ||||
| 14280 | TikTok: @gusto — https://www.tiktok.com/@gusto | ||||
| 14281 | X: @gustoHQ — https://x.com/gustohq | ||||
| 14282 | Questions: Contact Gusto via the Accountant Partner Program portal. | ||||
| 14086 | Pricing | 14283 | Pricing | ||
| n | 14087 | Starting at just $46 per month | n | 14284 | Starting at just $55 per month |
| 14088 | Built for you | 14285 | Built for you | ||
| 14089 | Starting a business | 14286 | Starting a business | ||
| 14090 | Switching to Gusto | 14287 | Switching to Gusto | ||
| 14143 | Security | 14340 | Security | ||
| 14144 | Integrations | 14341 | Integrations | ||
| 14145 | Tools | 14342 | Tools | ||
| n | 14146 | Employer tax calculator | n | ||
| 14147 | Burn rate calculator | ||||
| 14148 | New hire checklist | 14343 | New hire checklist | ||
| 14149 | Talk Shop: | 14344 | Talk Shop: | ||
| 14150 | Business resources | 14345 | Business resources | ||
| 14171 | Licenses | 14366 | Licenses | ||
| 14172 | Site map | 14367 | Site map | ||
| 14173 | Pricing | 14368 | Pricing | ||
| n | 14174 | Starting at just $46 per month | n | 14369 | Starting at just $55 per month |
| 14175 | Built for you | 14370 | Built for you | ||
| 14176 | Starting a business | 14371 | Starting a business | ||
| 14177 | Switching to Gusto | 14372 | Switching to Gusto | ||
| 14230 | Security | 14425 | Security | ||
| 14231 | Integrations | 14426 | Integrations | ||
| 14232 | Tools | 14427 | Tools | ||
| n | 14233 | Employer tax calculator | n | ||
| 14234 | Burn rate calculator | ||||
| 14235 | New hire checklist | 14428 | New hire checklist | ||
| 14236 | Talk Shop: Business resources | 14429 | Talk Shop: Business resources | ||
| 14237 | Talk Shop blog | 14430 | Talk Shop blog | ||
| 14255 | Terms | 14448 | Terms | ||
| 14256 | Licenses | 14449 | Licenses | ||
| 14257 | Site map | 14450 | Site map | ||
| t | t | 14451 | Your Opt Out Preference Signal is Honored | ||
| 14452 | Privacy Preference Center | ||||
| 14453 | Gusto and its advertising partners use cookies and other tracking technologies i | ||||
| > | n order to, among other things, improve and personalize the website and show you | ||||
| > | ads promoting Gusto products, services, and features on other sites or apps tha | ||||
| > | t you may use or visit. Under some applicable privacy laws, these advertising ac | ||||
| > | tivities may be considered a “sale” or “share” of data, or “targeted advertising | ||||
| > | ". To opt out of these uses or disclosures, you can update your consent preferen | ||||
| > | ces by sliding the toggles to the left and then clicking the “Confirm My Choices | ||||
| > | ” button. | ||||
| 14454 | Consent preferences set using the toggles will only apply to the web browser you | ||||
| > | ’re currently using. You will need to update your preferences for each different | ||||
| > | device or browser you use to visit our website unless you have a Gusto account | ||||
| > | and are logged in. If you clear your cookies, your preferences will also reset. | ||||
| 14455 | We may also disclose personal information, such as your name, email address, and | ||||
| > | contact information to our partners so they can show you ads that are more rele | ||||
| > | vant to your interests or market their products or services to you. To opt-out o | ||||
| > | f “sales” or “sharing” of your data, or “targeted advertising” associated with y | ||||
| > | our personal information, please complete our Opt-Out Form. | ||||
| 14456 | For more details, please read our Privacy Notice. | ||||
| 14457 | Manage Consent Preferences | ||||
| 14458 | Strictly Necessary Cookies | ||||
| 14459 | Always Active | ||||
| 14460 | These cookies are necessary for the website to function and cannot be switched o | ||||
| > | ff in our systems. They are usually only set in response to actions made by you | ||||
| > | which amount to a request for services, such as setting your privacy preferences | ||||
| > | , logging in or filling in forms. You can set your browser to block or alert you | ||||
| > | about these cookies, but some parts of the site will not then work. These cooki | ||||
| > | es do not store any personally identifiable information. | ||||
| 14461 | Performance Cookies | ||||
| 14462 | Performance Cookies | ||||
| 14463 | These cookies allow us to count visits and traffic sources so we can measure and | ||||
| > | improve the performance of our site. They help us to know which pages are the m | ||||
| > | ost and least popular and see how visitors move around the site. All information | ||||
| > | these cookies collect is aggregated and therefore anonymous. If you do not allo | ||||
| > | w these cookies we will not know when you have visited our site, and will not be | ||||
| > | able to monitor its performance. | ||||
| 14464 | Targeting Cookies | ||||
| 14465 | Targeting Cookies | ||||
| 14466 | These cookies may be set through our site by our advertising partners. They may | ||||
| > | be used by those companies to build a profile of your interests and show you rel | ||||
| > | evant adverts on other sites. They do not store directly personal information, b | ||||
| > | ut are based on uniquely identifying your browser and internet device. If you do | ||||
| > | not allow these cookies, you will experience less targeted advertising. | ||||
| 14467 | Back ButtonCookie List | ||||
| 14468 | Search Icon | ||||
| 14469 | Filter Icon | ||||
| 14470 | Clear checkbox label label | ||||
| 14471 | Apply Cancel | ||||
| 14472 | Consent Leg.Interest | ||||
| 14473 | checkbox label label | ||||
| 14474 | checkbox label label | ||||
| 14475 | checkbox label label | ||||
| 14476 | Confirm My Choices | ||||
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