Terms of Use
These Terms of Use (the “Terms”) are a binding agreement between you and ScalerGig LLC, (“ScalerGig,” “we,” “us” or “our”), governing your access to and use of www.scalergig.com and any related services we operate (together, the “Service”).
1. Who the Service Is For
The Service is a job marketplace for the dental industry. It is made available only to:
Your permission to use the Service is automatically revoked if you use it for any other purpose.
ScalerGig is not an employer, employment agency, staffing agency, temporary help firm or professional employer organization. We do not employ Job Seekers, we are not a party to any employment or engagement agreement between a Job Seeker and an Employer, and we do not make hiring decisions. We advertise openings and deliver notifications; the parties do the rest.
2. Your Agreement to These Terms
2.1 Everyone who uses the Service. These Terms apply to every visitor to and user of the Service, whether or not you register for an account. By accessing or using the Service, you acknowledge that you have read, understood and agreed to be bound by these Terms and by our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.
2.2 Registered users. In addition, when you create an account, submit a job posting or otherwise register, you accept these Terms by checking the box indicating your agreement. That affirmative acceptance is a separate and additional agreement to be bound, and it applies to all of these Terms, including the arbitration agreement and class action waiver in Section 22. If you do not agree, do not complete registration.
2.3 On behalf of an entity. If you accept these Terms on behalf of a practice, organization or other entity, you represent that you are authorized to bind that entity, and “you” refers to both you and that entity.
2.4 Independent effect. Sections 2.1 and 2.2 are independent bases on which these Terms bind you. If either is held ineffective as to you or as to a particular claim, the other continues to apply to the fullest extent permitted by law.
3. Changes to These Terms
We reserve the right to modify or replace these Terms at any time in our sole discretion.
If we make changes that materially change these terms, we will notify you of such changes by reasonable means. These revised Terms will also be posted on the website.
Your continued use of the Service after the stated effective date constitutes acceptance of the updated Terms. If you do not agree to a change, your remedy is to stop using the Service and, if applicable, close your account under Section 18.2.
We may, at any time and without liability or notice, modify or discontinue all or part of the Service, change modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
4. Eligibility
You must be at least 18 years old to use the Service. The Service is not directed to, and we do not knowingly collect personal information from, anyone under 18. If we learn that an account belongs to a person under 18, we will terminate it and delete the associated information.
The Service is controlled and operated from the United States and is intended for use by persons located in the United States.
5. Your Account
5.1 Accuracy. You agree to provide accurate, current and complete information when you register and to keep it up to date. Providing false information is a material breach of these Terms.
5.2 Security. You are responsible for maintaining the confidentiality of your account credentials, including any phone number used to receive one-time login codes, and for all activity that occurs under your account. Notify us promptly at support@scalergig.com if you believe your account has been accessed without authorization. We are not liable for losses caused by unauthorized use of your account that results from your failure to safeguard your credentials or your device.
5.3 One account per person or practice. You may not assign or transfer your account to anyone else, share it, or create an account on behalf of another person without their authorization.
6. Acceptable Use
7. Job Seekers
7.1 We do not verify Employers. We do not verify the identity of an Employer or of any individual acting for an Employer, and we do not verify the accuracy of job postings or the validity of any offer. Verify any Employer, posting and offer yourself before you rely on it, and in particular before you take any adverse action regarding your current employment. You are solely responsible for that verification.
7.2 Your information is shared with Employers. Information in your profile, other than fields we identify as hidden from Employers, may be forwarded to Employers. Do not submit information you are not willing to share with Employers.
7.3 Credentials and licensure. You represent and warrant that any license, registration, certification, credential or work-eligibility information you provide is accurate, current, unrestricted and yours, and you agree to update it promptly if it changes or lapses. ScalerGig does not verify licenses, certifications, background information or work eligibility. We may suspend or remove any account we reasonably believe contains misrepresented credentials.
7.4 The Service is free to Job Seekers. We do not charge Job Seekers to create a profile, receive alerts or apply to an opportunity.
8. Employers
8.1 We do not verify Job Seekers. We do not verify the identity, credentials, licensure, background, work eligibility or qualifications of any Job Seeker, and we do not know a Job Seeker’s motivation for responding to your posting. Job Seeker information is forwarded to you without warranty of any kind. You are solely responsible for conducting whatever verification, screening, primary-source license verification with the applicable state board, background checks and interviews are appropriate before engaging anyone. Communications between you and a Job Seeker are your and the Job Seeker’s sole responsibility.
8.2 No guaranteed results. We do not guarantee any particular number of recipients, any responses, any number of responses, that responses will be from qualified or suitable individuals, or that you will make a hire.
8.4 You are the decision-maker. You alone make all screening, interviewing, hiring, compensation and engagement decisions. ScalerGig does not screen out, rank against qualification criteria, reject or recommend against any Job Seeker, and does not make or participate in any employment decision.
8.5 Concierge services. Where you purchase a package under which we assist with drafting a posting, corresponding with interested Job Seekers or scheduling interviews, we act solely as a scheduling and communications convenience at your direction. Sections 8.1, 8.3 and 8.4 apply in full to those services, and nothing in them makes us your agent, your recruiter or a decision-maker.
9. Automated Tools and Matching
We use automated tools to operate the Service. These include matching a posting to Job Seekers by role, geographic radius and stated availability; sending alerts.
These tools determine who is notified about an opportunity. They do not screen, score, rank, assess or reject any Job Seeker, and they do not make or recommend any employment decision. As between ScalerGig and an Employer, the Employer is the sole decision-maker for every screening, interviewing, hiring and compensation decision, and is responsible for its own compliance with laws governing the use of automated tools in employment decisions, including any notice, audit or explanation obligations those laws impose.
10. Fees, Payment and Refunds
10.1 One-time fees; no subscription. Employer packages are sold for a single, one-time fee. The Service does not use subscriptions, automatic renewal or recurring billing. We do not store your payment method for future automatic charges and we will not charge your payment method again unless you make another purchase.
10.2 Scope of Services and Pricing. We offer various posting tiers, promotional features, and distribution services (collectively, "Packages"). The specific features, duration, and pricing applicable to your purchase are those presented at the time of checkout. We reserve the right to modify, adjust, add, or discontinue Packages, features, and pricing at any time in our sole discretion; any such changes will not affect Packages you have already purchased. Prices are stated in U.S. dollars and are exclusive of applicable federal, state, or local taxes, for which you are solely responsible. Our obligation is limited to making commercially reasonable efforts to provide the digital distribution and platform access associated with your purchased Package, subject to Section 8.2.
10.3 All Sales Final; No Refunds. Except where strictly required by applicable law, all fees and purchases are final and nonrefundable. Because the Service immediately initiates automated processing and electronic message distribution upon successful checkout and posting, our fulfillment of the service begins immediately upon payment. If a technical error on our part entirely prevents the delivery or system dispatch of your purchased Package, please contact us at support@scalergig.com within five (5) business days, and we will, in our sole discretion, issue a platform credit or re-dispatch the distribution. Any discretionary credit or re-run granted does not obligate us to provide the same in any future instance.
10.4 Chargebacks. If you initiate a chargeback or payment dispute for a package we have delivered, we may suspend or terminate your account and pursue recovery of the disputed amount together with any fees we incur. Please contact us first — most disputes are faster to resolve directly.
11. Text Messages, Calls and Email
11.1 Job alerts. When you register as a Job Seeker, you provide your mobile number and affirmatively consent, through a separate disclosure and opt-in mechanism presented at registration, to receive recurring automated text (SMS/MMS) messages from ScalerGig regarding dental job opportunities near you. Message delivery may utilize automated technology, including automated telephone dialing or messaging systems. Consent to receive these alerts is not required as a condition of purchasing any property, goods, or services.
11.2 Service messages. We also send messages necessary to operate your account, such as one-time login codes, transaction confirmations and account notices. These are not marketing messages.
11.3 Marketing messages. Any promotional message not related to a specific opportunity or to your account is sent only where you have separately agreed to receive it, and you may withdraw that agreement without affecting your job alerts.
Revocation requests made by text message keywords (such as STOP) are processed immediately. Requests submitted through other reasonable methods (such as email or profile settings) will be honored as soon as practicable, and no later than 10 business days after receipt. You will receive one confirmation message after you opt out. For help, reply HELP or text HELP to 484-869-7510.
11.5 Rates and frequency. Message frequency varies with the number of opportunities in your area. Your carrier’s normal messaging and data rates apply. Carriers are not liable for delayed or undelivered messages.
11.6 Employers. You may not use the Service, or any contact information obtained through it, to send marketing or telemarketing communications to Job Seekers. Contact information is provided solely so that you may communicate with a Job Seeker about the specific opportunity they responded to.
12. Privacy
Our Privacy Policy describes what information we collect, how we use and share it, how long we keep it, and the rights you may have under applicable privacy laws, including how to request access to or deletion of your information. It is incorporated into these Terms by reference. Please read it.
13. Electronic Communications
Visiting the Service or sending us email constitutes electronic communication. You consent to receive communications from us electronically — by email, text message and through the Service — and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that they be in writing. You may withdraw this consent by closing your account, but doing so means you can no longer use the Service.
14. Content You Provide
14.1 Ownership. We do not claim ownership of the content you provide to the Service — profiles, resumes, postings, messages, feedback and suggestions (together, “Submissions”).
14.2 License to us. By providing a Submission, you grant ScalerGig and our service providers a non-exclusive, worldwide, royalty-free license to host, copy, store, transmit, display, reformat, translate and distribute it, and to publish your name in connection with it, in each case solely as necessary to operate, provide and promote the Service. This license ends when you delete the Submission or close your account, except for copies retained in backups or as required by law, and except for any Submission an Employer has already received. No compensation is payable for any Submission.
14.3 Your warranty. You represent that you own or control all rights necessary to provide each Submission and to grant the license above, and that the Submission does not infringe anyone’s rights or violate any law.
14.4 Our discretion. We are not obligated to post, use or retain any Submission, and we may edit, refuse or remove any Submission at any time in our discretion. We have no obligation to monitor Submissions, but we may review and remove them.
15. Intellectual Property and Copyright Complaints
15.1 Our rights. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. All content that forms part of the Service — text, graphics, logos, images, software and the compilation of all of it — belongs to ScalerGig or our licensors and is protected by copyright, trademark and other laws. You acquire no ownership rights and no implied licenses. You will not modify, publish, transmit, reverse engineer, sell, create derivative works from or otherwise exploit any part of it, and you will not remove or alter any proprietary notice.
15.2 Copyright complaints. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes: your physical or electronic signature; identification of the work you claim is infringed; identification of the material you claim is infringing and where it is located on the Service; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Designated agent: Attn: Designated Agent, ScalerGig LLC, 8401 Mayland Dr, Ste S, Richmond, Virginia 23294, support@scalergig.com.
15.3 Counter-notice and repeat infringers. If we remove your content in response to a notice, you may submit a counter-notice as permitted by 17 U.S.C. § 512(g). We terminate, in appropriate circumstances, the accounts of users we determine to be repeat infringers.
16. Third-Party Sites, Services and Accounts
The Service may contain links to websites we do not control. We are not responsible for their content, their changes, or anything you obtain from them. Including a link does not imply endorsement or any association with the operator.
Some functionality is delivered by third-party providers — for example payment processing, messaging, hosting, analytics and job distribution to third-party job platforms. By using that functionality you acknowledge that we share the information necessary for the provider to deliver it on our behalf, as described in our Privacy Policy.
If you connect a third-party account to your ScalerGig account, you consent to the ongoing exchange of information between them in accordance with your settings on that third-party service. If you do not want that, do not connect the account.
17. Communication Features
The Service may include messaging or other features that let you communicate with other users or with us. Use them only for their intended purpose and in accordance with Section 6. In particular, do not use them to defame, abuse, harass, stalk or threaten anyone; to distribute unlawful, infringing, obscene or misleading material; to transmit malicious code; to advertise or solicit for any purpose unrelated to a specific opportunity; to conduct surveys, contests or chain messages; or to harvest information about other users.
We have no obligation to monitor these features but may review them and remove material or terminate access at our discretion. We may disclose information as necessary to comply with any applicable law, regulation, legal process or governmental request.
Use caution when sharing personal information through any communication feature. We do not control or endorse what users say through them and disclaim liability for it.
18. Suspension, Termination and Account Deletion
18.1 By us. We may suspend or terminate your access to all or part of the Service at any time, with or without notice, including if we reasonably believe you have breached these Terms, provided inaccurate information, misrepresented credentials, or created risk or legal exposure for us or other users. Where practical and lawful, we will tell you why.
18.2 By you. You may close your account at any time by emailing support@scalergig.com from the address associated with your account, or by using any account-closure option we provide in the Service. Closing your account stops all alerts and removes your profile from Employer-facing search.
18.3 What happens to your information. On closure we delete or de-identify your profile, resume and credential information within the timeframe described in our Privacy Policy, except that we retain transaction and billing records, records necessary to comply with legal obligations or to resolve disputes, and any information an Employer already received — which we cannot recall on your behalf. Rights you may have under applicable privacy law to request deletion are described in the Privacy Policy.
18.4 Survival. Sections 6 (Acceptable Use), 10.3 and 10.4 (Refunds and Chargebacks), 14.2 (License to us), 15 (Intellectual Property), 19 (Disclaimers), 20 (Limitation of Liability), 21 (Indemnification), 22 (Disputes and Arbitration) and 23 (General) survive termination.
19. Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. SCALERGIG AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICE AT ANY TIME.
SCALERGIG AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OF IT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCALERGIG AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE IDENTITY, CREDENTIALS, LICENSURE, QUALIFICATIONS, CONDUCT OR SUITABILITY OF ANY USER; THE ACCURACY, LEGALITY OR AVAILABILITY OF ANY JOB POSTING; THAT ANY POSTING WILL RESULT IN RESPONSES OR A HIRE; OR THAT ANY MESSAGE WILL BE DELIVERED, DELIVERED ON TIME, OR RECEIVED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCALERGIG OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, DATA, PROFITS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID SCALERGIG IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMIT APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND ALL THEORIES OF LIABILITY.
The exclusions and limits in Sections 19 and 20 do not apply to liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.
These limits reflect a reasonable allocation of risk and are an essential basis of the bargain between us; the Service would not be offered on these terms without them. If you are dissatisfied with the Service or these Terms, your sole and exclusive remedy is to stop using the Service.
21. Indemnification
You agree to indemnify, defend and hold harmless ScalerGig and its officers, directors, employees, agents and suppliers from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: your use of or inability to use the Service; any Submission or job posting you made; your violation of these Terms; your violation of the rights of any third party; your violation of any applicable law, including anti-discrimination, pay transparency, wage-and-hour, privacy or telemarketing law; and, if you are an Employer, any employment or engagement decision you make and any claim brought by a Job Seeker arising from it.
This obligation does not apply to the extent a claim arises from our own fraud, gross negligence or willful misconduct. We may assume the exclusive defense and control of any matter subject to indemnification, at our own cost, in which case you will cooperate with us in asserting available defenses. You will not settle any matter in a way that imposes any obligation or admission on us without our written consent.
22. Governing Law, Disputes and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.
22.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of this Section 22. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
22.2 Informal resolution first. Before starting an arbitration or filing any claim, you agree to send us a written Notice of Dispute at support@scalergig.com. Both parties agree to attempt in good faith to resolve the dispute for 60 days after the notice is sent, including by conferring by telephone or videoconference if either party requests. This step is a condition precedent to starting an arbitration, and the limitations period is tolled while it runs.
22.3 Binding individual arbitration. If the dispute is not resolved within 60 days, it will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single neutral arbitrator, rather than in court. Arbitration will take place in the county where you reside or, at your election, by telephone, videoconference or on documents only. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, decides all issues relating to the scope, interpretation, enforceability and formation of this Section 22, except as stated in Section 22.5. This Section 22 survives termination of these Terms.
22.4 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the Service. Seeking that relief is not a waiver of this Section 22.
22.5 Class action waiver. ARBITRATION WILL PROCEED ON AN INDIVIDUAL BASIS ONLY. CLASS ARBITRATIONS AND CLASS, COLLECTIVE, CONSOLIDATED AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any representative or class proceeding. This Section 22.5 is not severable from the rest of Section 22: if it is found unenforceable as to any claim or any request for relief, then Section 22 does not apply to that claim or that request for relief, which will instead be decided by a court under Section 22.9 — but the remainder of Section 22 continues to apply to all other claims.
22.6 Coordinated claims. If 25 or more Notices of Dispute raising substantially similar claims are submitted by or with the assistance of the same law firm or coordinated group within a 90-day period, the parties agree that the claims will be resolved in staged batches of no more than 50 at a time. The parties will each select an equal number of claims for the first batch, a single arbitrator will be appointed for that batch, and the parties will then confer in good faith about applying the outcomes to the remaining claims before any further batch proceeds. The limitations period is tolled for all claims awaiting a batch. This provision is intended to make coordinated claims resolvable, not to delay them, and either party may ask the AAA to appoint a process arbitrator to administer it.
22.7 Your right to opt out. You may opt out of this arbitration agreement by sending written notice to support@scalergig.com with the subject line “Arbitration Opt-Out,” stating your name, the email address and phone number associated with your account, and a clear statement that you do not wish to be bound by Section 22. Notice must be sent within 30 days of the date you first accept these Terms under Section 2.2 or, if you have not registered, within 30 days of your first use of the Service. Opting out will not affect your account, your access to the Service, or any other part of these Terms.
22.8 Costs. Payment of filing, administration and arbitrator fees is governed by the AAA rules, and we will pay any portion of those fees the rules allocate to us. The arbitrator may award attorneys’ fees and costs to a party only where a statute or contract independently provides for them, or where the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees.
22.9 Where court claims go. For any claim not subject to arbitration — because you opted out, because it falls within Section 22.4, or because Section 22.5 makes Section 22 inapplicable to it — you and ScalerGig consent to the exclusive jurisdiction and venue of the state and federal courts located in Fairfax County, Virginia, and each party waives any objection to that venue. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH PROCEEDING.
22.10 Time limit. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one year after it accrues, or it is permanently barred.
23. General
23.1 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets.
23.2 Notices. We may give you notice by email to the address associated with your account, by text message, or by posting within the Service; notice is effective when sent or posted. You must give us notice in writing at support@scalergig.com and, for any legal notice, also by mail to ScalerGig LLC, 8401 Mayland Dr, Ste S, Richmond, Virginia 23294. It is your responsibility to keep your contact information current.
23.3 Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, labor dispute, governmental action, power or internet failure, carrier or telecommunications failure, or failure of a third-party service provider.
23.4 No third-party beneficiaries. These Terms are for the benefit of you and ScalerGig only, and create no rights in any other person, except that Section 21 benefits the parties named in it.
23.5 No waiver. Our failure to enforce any provision is not a waiver of it. A waiver is effective only if in writing and signed by us.
23.6 Severability. Subject to Section 22.5, if any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable and consistent with its original intent, and the remainder of these Terms will continue in full force.
23.7 No agency. No joint venture, partnership, employment or agency relationship exists between you and ScalerGig as a result of these Terms or your use of the Service.
23.8 Compliance with legal process. Nothing in these Terms limits our right to comply with governmental, court and law enforcement requests relating to your use of the Service or information we hold about you.
23.9 Entire agreement. These Terms, together with the Privacy Policy and any package terms shown at the time of purchase, are the entire agreement between you and ScalerGig regarding the Service and supersede all prior communications and proposals, whether electronic, oral or written. A printed version of these Terms and of any notice given electronically is admissible in judicial or administrative proceedings to the same extent as other business records originally generated and maintained in printed form.
23.10 Language. It is the express wish of the parties that these Terms and all related documents be written in English.
24. Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to this notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. The fees for the Service are described in Section 10 and on our pricing page.
25. Contact Us
We welcome your questions or comments about these Terms.
ScalerGig LLC
8401 Mayland Dr, Ste S
Richmond, Virginia 23294
Support: support@scalergig.com
Legal notices: support@scalergig.com
Telephone: 703-755-0642