Terms apply to all Users until otherwise posted.

These Terms of Service, together with the Additional Terms for Business Accounts (“Business Terms”) below are collectively referred to as the “Terms”, which govern all user of the Service. For clarity, the Business Terms apply to those Users who have a Business Account or other associated User Platforms these are the programs agreed Terms of Service.

PLEASE NOTE: THESE TERMS INCLUDE USERS WAVING ANY AND ALL DISPUTE RESOLUTION OPTIONS OTHER THAN (1) CLOSING USER ACCOUNTS (2) CONTACTING My Gig ID FOR RATING REVIEW WITHOUT EXPECTATION OF ACTION AND (3) YOU WAIVE YOUR RIGHT TO ARBITRATION OR BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and text messages) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: My Gig ID and all related programs, training platforms, and services. You understand and agree that you may not access or use the Service if you are unwilling or unable to be bound by the Terms. For more information about our policies and instructions relating to the Service, see binding services below.

DEFINITIONS

Parties. “You” and “your” refer to you, as a User of the Service. A “User” is someone who accesses or uses the Service, whether or not through an account. “We,” “us,” and “our” refer to My Gig ID.

Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication from or linked from. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, compliments, invitations, direct messages, and information that you contribute to your User profile or suggests from business associated with. “User Content” means Content that Users submit or transmit to, through, or in connection with the Service. “My Gig ID Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than My Gig ID or its Users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, My Gig ID Content, and Third Party Content.

Sites and Accounts. “Consumer Site” means My Gig ID’s consumer website (www.mygigid.com and related domains) and mobile applications. “Consumer Account” means the account you use to access the Consumer Site. “Business Account” means the account you use to access the My Gig ID for

business and mobile applications (“Business Site”). “Account” means any Consumer Account or Business Account.

CHANGES TO THE TERMS

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other methods prior to the effective date of the changes. We will also indicate at the top of this page the date that changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

TRANSLATION

We may translate these Terms into various languages for your convenience. Nevertheless, the English version governs your relationship with My Gig ID, and any inconsistencies among the different versions will be resolved in favor of the English version available here.

USING THE SERVICE

Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. Our Service is not directed to children, and any access or use of the Service by anyone under the age of 13 is not allowed. For all other jurisdictions, you must be over the minimum age of consent in your country, and in any case, over the age of 13 unless otherwise terms and services are expressly marked as age appropriate. You may not access or use the Service if you are a competitor of My Gig ID or if we have previously banned you from the Service or closed your Account, or computer generated AI or other.

Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice, liability, or refund. Users will not hold My Gig ID responsible for any disruption in service, lack of account access, closure, site termination or other related 3rd party disruption in services regardless of cause or account access to internet services, internet carrier issues, system updates, maintenance or other.

Accounts. You must have an Account and provide certain information about yourself in order to use some of the features that are offered through the Service regardless of User Account. You are responsible for maintaining the confidentiality of YOUR ACCOUNT and YOUR ACCOUNT password. You are also responsible for all activity that occurs in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close

your Account at any time for any or no reason. Your Account is for your personal, non-commercial use only, and you may not create or use an Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without My Gig ID’s prior written approval.

Communications from My Gig ID and Others. By accessing or using the Service, you consent to receive communications from other Users and My Gig ID through the Service, or through any other means such as emails, push notifications, text messages, and phone calls. These communications may promote My Gig ID or businesses listed on My Gig ID, and may be initiated by My Gig ID, businesses listed on My Gig ID, or other Users. You further understand that you may be charged by your phone carrier for certain communications, such as text messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with My Gig ID or made through the Service may be monitored and recorded for legal, quality, and training purposes. You can opt-out of certain communications through your account.

VERIFICATIONS

My Gig ID reserves the right to not verify any submitted credential. Users wave all rights to refund if submissions are not verified. Free account users have NO expectation for a credential verification. Paid subscribers agree to terms and policy that My Gig ID reserves all rights to NOT VERIFY any submitted credential and approve the remove of any verification at any time without notice or refund. Credential verifications are made using a myriad of authentication guidelines that can change without notice at anytime. Users may request My Gig to review the decision by contacting Customer Service.

Most common reasons for My Gig verifications to be denied: The user failed to provide complete and accurate program information, the program is not accredited, program does not meet state or oversite guidelines, program closed or is no longer in business, lacking oversite approval, the program is not a registered or approved training program, the program is on disciplinary notice, is an online program without contact information (no means to verify program or credential), program has no record of the subscriber attending, or are not state or regionally registered. Credentials that do not meet approved submitted verifications will not removed from the users platform unless instructed to do so my oversite agencies. The My Gig ID verification process is not a legally binding statement and employers and other hiring parties retain responsibility for final approval on any and all verified content or credential specific to each requirements and guidelines.

CONTENT

Responsibility for Your Content. You alone are responsible for Your Content, and once posted to My Gig ID your assuming responsibility for the content via your email you share with others and you alone assume responsibilities outlined by state and federal laws. You assume all risks associated with

Your Content, you are responsible for insuring the content is accurate and true, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you alone have earned the credentials submitted and have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by My Gig ID. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or content violates these Terms. You remain fully responsible for any false content verified in good faith that led to harm or injury to a business or person.

Our Right to Use Your Content. We may use Your Content in a number of different ways, including, reformatting it, incorporating it for marketing purposes, and other works, creating derivative works from it, using it to train or machine learning models, and may allow others to do the same in connection with their own services, to assess industry training needs, websites and platforms (“Other Media”). As such, you hereby irrevocably released it for perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights. Please note that you also irrevocably grant the Users of the Service and any Other Media Training Platforms the right to access and use Content. Finally, you irrevocably waive, and cause to be waived, against My Gig ID and its Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership. As between you and My Gig ID, you own Your Content. We own the My Gig ID Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the My Gig ID Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the My Gig ID Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the My Gig ID and any related subsidiary programs or content are retained by us.

Advertising. My Gig ID and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other. User Content (including any that may have been created by Users employed or contracted by My Gig ID) does not necessarily reflect the opinion of My Gig ID. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. With the exception of My Gig ID’s Verified License program, My Gig ID does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by My Gig ID will have a “Verified” badge displayed on their My Gig ID business page. My Gig ID may use machine learning and other artificial intelligence (AI) technologies (“AI Technologies”) to better provide our Service, which may modify or alter Your Content and how it is displayed on the Service. My Gig ID’s Accessibility Statement, which describes My Gig ID’s commitment to making its platform accessible to as many people as possible, including those with disabilities, can be found here.

Content Moderation. We reserve the right to screen, remove, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe that it violates our Content Guidelines. If you are a resident of the European Union, information about My Gig ID’s content moderation, appeals, and complaint handling processes, consistent with the Digital Services Act, is available here. If you are a resident of the United Kingdom, information about My Gig ID’s content moderation processes, including with regard to illegal content, consistent with UK law, including the Online Safety Act, is available here.

REPRESENTATIONS AND WARRANTIES

We are under no obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You represent and warrant that:

You have read and understood our Content Guidelines;

You have read and understood our Privacy Policy.

You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

Violate our Terms, including the Content Guidelines and Event Terms and Conditions;

Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, modify, refrain from posting, or remove a review;

Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;

Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;

Solicit personal information from minors, or submit or transmit pornography;

Violate any applicable law;

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by My Gig ID;

Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by My Gig ID (for example, as described at www.My Gig ID.com/robots.txt);

Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice here;

Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

Record, process, or mine information about Users;

Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;

Reformat or frame any portion of the Service;

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on My Gig ID’s technology infrastructure or otherwise make excessive traffic or other demands of the Service (this includes through the use of AI Technologies and/or other automated tools);

Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;

Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or

Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

ADDITIONAL POLICIES AND TERMS

Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the User who submitted the User Content at issue.

Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may already have something similar to the Feedback under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against My Gig ID and its Users any claims and assertions of any moral rights contained in such Feedback.

THIRD PARTY CONTENT AND SERVICES

The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk. Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable third party terms.

INDEMNITY

You agree to indemnify, defend, and hold harmless My Gig ID, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents,

contractors and representatives of each of them (collectively, the “My Gig ID Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. My Gig ID reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of My Gig ID. My Gig ID will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MY GIG ID ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE My Gig ID ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE MY GIG ID ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE My Gig ID ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.

THE MY GIG ID ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES, EMPLOYEES OR ADVERTISERS LISTED ON

THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE MY GIG ID ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.

THE MY GIG ID ID ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE MY GIG ID ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE MY GIG ID ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MY GIG ID AND ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY MY GIG ID BUSINESS LISTINGS FOR YOUR BUSINESS EMPLOYEE SEARCH OR STAFF RECRUITMENT. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

CHOICE OF LAW, BINDING ARBITRATION, AND DISPUTE RESOLUTION

If you are a resident of the United States or Canada:

Choice of Law, Jurisdiction and Venue. These Terms are to be governed by and interpreted under California law, without regard to its conflict of law principles. Both you and My Gig ID agree that all disputes that are not subject to mandatory arbitration as described in these Terms shall be resolved exclusively in state and federal courts located within San Francisco County, California and you consent to the personal jurisdiction of, and venue in, these courts for the purpose of litigating any such disputes.

Mutual Arbitration Agreement. You and My Gig ID agree to the arbitration and dispute resolution terms in this Section (Section 13) (the “Arbitration Agreement”). We encourage you to carefully read these important terms, which include a requirement that claims arising out of or relating to the Terms

of Service, or your use of the My Gig ID Service, shall be brought individually and not on a class wide basis, and shall be subject to binding arbitration. You and My Gig ID agree to arbitrate all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, the Terms of Service, or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, except as otherwise provided in Section 13(A)(iii). This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before or after the existence of this Arbitration Agreement as well as to claims that may arise after the termination of these Terms.

Claims Not Subject to Arbitration. You and My Gig ID each retain the rights to: (i) have any claims resolved in small claims court on an individual basis within the scope of such court’s jurisdiction; (ii) have any claim, controversy, or cause of action arising from any act in furtherance of a person’s right of petition or free speech under the United States Constitution or the California Constitution resolved in state or federal court; and (iii) bring an action in state or federal court to protect intellectual property rights (like patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights).

Arbitration Rules and Forum. This Arbitration Agreement evidences a transaction involving interstate commerce and, notwithstanding the provision above with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. If, for whatever reason, the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply. The arbitration will be conducted by National Arbitration and Mediation (“NAM”), an established alternative dispute resolution provider. The party seeking to arbitrate must forward their arbitration demand to the other party and file their arbitration demand with NAM. Disputes shall be subject to NAM’s most current version of the Comprehensive Arbitration Rules and Procedures, available at namadr.com/resources/rules-fees-forms, including the Supplemental Rules for Mass Arbitration Filings (“NAM Rules”). NAM’s rules are also available at www.namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, are the responsibility of the party as the user has by agreeing to the My Gig ID policy agreed to not hold My Gig ID responsible for user choice of content sharing and user can discontinue use at any time. The user is aware that frivolous claims brought for an improper purpose or asserted in bad faith can result in investigation into cause and remedy for damages sot by My Gig ID and subsidiaries. You and My Gig ID agree that arbitration should be cost-effective for all parties and that any party may engage with NAM to address the reduction or deferral of fees. The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative, filing, or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 13(A)(ix)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement. The parties may choose

arbitrator(s) or the NAM Administrator (if a decision is needed prior to the appointment of the Arbitrator(s)) shall determine the actual location of the hearing. If you are initiating arbitration, a copy of the demand shall also be emailed to My Gig ID.com. If you are a My Gig ID account holder, any demand filed by you initiating arbitration must include the primary email, name, and ID number associated with your My Gig ID account, as well as any profile associated with that Account that is controlled by you.

Arbitration Demand Must Contain Sufficient Information. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to these Terms of Service. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper, including for any claim filed on behalf of a claimant who is not a party to this Arbitration Agreement or to these Terms of Service.

Class Arbitration and Collective Relief Waiver. YOU AND MY GIG ID ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS OTHERWISE PROVIDED IN SECTION 13(A)(ix): ANY ARBITRATION MUST BE RESOLVED ON AN INDIVIDUAL BASIS IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A CLASS OR COLLECTIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF My GIG ID PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

Jury Trial Waiver. YOU AND My Gig ID EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

You agree to cooperate in good faith with My Gig ID and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. To the extent the parties disagree on the utilization of Batch Arbitration or as to the process or procedure for batching, the arbitration provider may appoint a sole procedural arbitrator to determine the applicability and implementation of the Batch Arbitration process, in accordance with the arbitration provider’s rules. This provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly described in this provision. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

Changes. My Gig ID will provide thirty (30) days’ notice of any material changes to this “Choice of Law, Binding Arbitration, and Disputes” section. Any such changes will go into effect 30 days after My Gig ID provides notice and will apply to all claims not yet filed regardless of when such claims may have accrued. If My Gig ID changes this “Choice of Law, Binding Arbitration, and Disputes” section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of those changes.

You must initiate any proceeding or action within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute, otherwise, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

You also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

You agree that any subpoena, third-party discovery request, or other third-party process directed to My Gig ID must issue from, or be domesticated by, the state or federal courts located within San Francisco County, California and you agree to submit to the jurisdiction of each of these courts for any related proceedings.

TERMINATION

You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing My Gig ID with a notice of termination here.

Unless otherwise prohibited by law, we may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

GENERAL TERMS

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on My Gig ID’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect

any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by My Gig ID.

If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with My Gig ID’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and My Gig ID as a result of these Terms or your use of the Service.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

No person or business my use any My Gig ID trademarks or service mark in any manner without My Gig ID’s prior written consent; or

Misrepresent your identity or affiliation to anyone in connection with My Gig ID.

You understand and acknowledge that My Gig ID allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that My Gig ID employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while My Gig ID uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from My Gig ID does not and will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on My Gig ID.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE My Gig ID ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.

The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like My Gig ID, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in

California, may require you to pay My Gig ID’s attorneys’ fees if you attempt to impose such liability on My Gig ID through legal proceedings.

DISPUTE RESOLUTION AND CHOICE OF LAW

FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR My Gig ID. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.

This provision is subject to the California Arbitration Act. Except for Excluded Business Claims, any claim, controversy or cause of action arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account and/or Business Site (each such controversy or claim, a “Business Claim”), shall be settled through final and binding Arbitration to be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. You agree that any Business Claim arises from a business transaction and shall not be governed by the NAM rules, forms, or fees applicable to consumer transactions. Any award of the arbitrator is final and binding. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error.

“Excluded Business Claims” means any claim, controversy, or cause of action: (i) arising from any act in furtherance of a person’s right of petition or free speech under the United States Constitution or the California Constitution; (ii) related to intellectual property (like patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); or (iii) arising from violations of Section 7 of the Terms of Service (Representations and Warranties) or Section 1 of the Business Terms (Requirements, Representations and Warranties).

Business Claims shall be heard by a single arbitrator with exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable and whether a claim is subject to arbitration. Arbitrations will be held in San Francisco, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorneys’ fees. Any judgment on the award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction.

NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS

CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN DIEGO CALIFORNIA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.

YOU AND MY GIG ID AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND My Gig ID AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.

BILLING AND PAYMENTS:

How does billing work?

Depending on your program platform, you’ll be annually billed and be notified 30 days before any subscription changes. Free user accounts in good standing will remain active unless violation of terms or policy is reviewed and action taken will include up to the account being closed and services stopped without notice or the user platform changes to subscription. Users may request reoccurring billing and refunds requests can be made via customer service within 7 days of account activation if services have not been utilized and understanding account and services closed. All billing and payments are redirected to a feudally regulated third party site and My Gig ID as limited to no oversite of other than link.