IntroductionUse of the G&A WebsiteTrademarksThird Party LinksMessaging Terms and ConditionsDisclaimersLimitation of Liability; RemedyIndemnificationGoverning Law and Dispute ResolutionSeverabilityChanges to this AgreementAssignmentNotice for California UsersContact Information

This Terms of Service and User Agreement (“Agreement”) is between “you,” the user, and G&A Outsourcing, LLC, dba G&A Partners, with its corporate headquarters at 17220 Katy Freeway, Suite 350, Houston, TX 77094, and its affiliated companies (all collectively “G&A”, “we,” “us,” or “our”).

This is a legal agreement between you and G&A. By accessing and using the G&A Website, you acknowledge that you understand and agree to be bound by the terms of this Agreement, as well as our Privacy Policy, and further agree to comply with all applicable laws and regulations. The content of our Privacy Policy can be found at www.gnapartners.com/privacy-policy.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

THESE TERMS ALSO CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these terms (or any portion of these terms), including the mandatory arbitration provision and class action waiver, you may not use the G&A Website.

When we use the term “G&A Website” in this Agreement and in our Privacy Policy, we are including within that term and without limitation all content available on, through or otherwise as a part of the G&A website, including past, present and future versions of the G&A website, and including, without limitation any and all versions of: information; brochures; guides; graphics; layout; text; images; audio; video clips; data; design; downloads; interfaces; code and software; compilations; advertising copy; blogs; the “look and feel” of the G&A website; the selection, compilation, assembly and arrangement of the content; and all other materials and content available through the G&A website, our mobile features of the website, and our social media platforms.

G&A is not responsible if the G&A Website is not accurate, complete or current. Please do not rely upon the G&A Website. G&A MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE G&A WEBSITE, AND IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY CONTENT, OPINIONS, ADVICE, OR INFORMATION AVAILABLE ON THE G&A WEBSITE THAT IS OF INTEREST TO YOU. The G&A Website may well include inaccuracies or errors and is subject to change without notice.

The G&A Website is the exclusive property of and owned by G&A, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Subject to your strict compliance with this Agreement, G&A hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the G&A Website. No other use of the G&A Website is authorized. You agree that you will not use the G&A Website except as expressly permitted in this Agreement and will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, or create derivative works of the G&A Website. You agree to use the G&A Website solely for your own personal use in your capacity as an employee of one of our customers or prospective customers. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute (in whole or in part) the G&A Website.

You agree that when accessing the G&A Website you will not: (a) use a false name, false email address, or other false identifying information; (b) impersonate anyone or any entity; or (c) otherwise provide information you know to be misleading or inaccurate.

In the event G&A determines, in its sole discretion, that you have violated this Agreement, G&A may block access to your use of the G&A Website or block the downloading of content from the G&A Website, or pursue any other remedies available to it. That we may, from time to time, waive a breach of this Agreement will not be construed to be a waiver of any succeeding breach.

The G&A Website is not intended to be accessed by any person who seeks or intends to access the G&A Website for purposes of being a “tester” plaintiff or claimant, including individual consumers or attorneys (excluding government and law enforcement attorneys or investigators) who access the G&A Website in order to investigate, evaluate, test, and/or assess the G&A Website’s compliance with the consumer privacy laws and regulations of any country, state, federal, international, or other jurisdiction (including, for example, to test or examine whether the G&A Website discloses data to third parties without proper disclosure or consent), or for the purpose of creating, establishing, or gathering evidence to support claims against G&A under such laws. Even if you are accessing the G&A Website for any other legitimate purpose besides being a “tester” plaintiff or claimant, you are NOT authorized or permitted to access the G&A Website if one of the purposes for which you are accessing the G&A Website is to investigate, evaluate, test, and/or assess the G&A Website’s compliance with any consumer privacy laws or regulations or to create, establish, or gather evidence to support claims against G&A under such laws. By accessing the G&A Website and accepting these Terms of Use, you agree that you are not accessing the G&A Website for such purposes, and if you do access the G&A Website for such unauthorized purposes anyways despite our clear indication to you of your lack of authorization, you agree and acknowledge that (a) you have no reasonable expectation of privacy in connection with your access to the G&A Website, (b) you have consented to our disclosure of any data collected about you or your interaction with the G&A Website to any third parties through cookies, pixels, web beacons, and other technology, and (c) you hereby waive and release the G&A from any liability for any claims related to invasion of privacy or violation of state or federal wiretapping laws or any consumer privacy laws and regulations in connection with your access to the G&A Website.

Trademarks, logos and service marks displayed on the G&A Website (the “Trademarks”) are registered and unregistered trademarks of G&A. G&A does not grant you, and nothing on the G&A Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks. Use of any Trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by G&A, is strictly prohibited.

The G&A Website and other communications from G&A to you may include links, advertisements of other promotions for third party websites, social media platforms, or other third-party goods or services. You expressly acknowledge and understand that G&A is not affiliated with such third parties and is not responsible or liable for your use of any such third-party sites, goods or services. Your interactions and transactions with third parties found through the G&A Website or G&A communications are solely between you and the third party, not G&A. G&A will not reimburse or indemnify you for any losses you may incur as a result of any such third party dealings.

You agree to receive informational messages (appointment reminders, account notifications, etc.) from G&A Partners. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at accesshr@gnapartners.com. You can opt out at any time by replying STOP.

THE G&A WEBSITE, AND ALL G&A MARKETING MATERIALS OF ANY KIND, INCLUDING BUT NOT LIMITED TO BLOGS, WHITEPAPERS, WEBINARS, INFOGRAPHICS, VIDEOS, ARTICLES, CASE STUDIES, AND BROCHURES (“MARKETING MATERIALS”), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE G&A WEBSITE, AND/OR ANY G&A MARKETING MATERIALS, IS AT YOUR SOLE RISK. G&A DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON OR AVAILABLE THROUGH ANY OF THESE SOURCES IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF, AND RELIANCE ON, THE G&A WEBSITE AND/OR ANY G&A MARKETING MATERIALS. NO OPINION, ADVICE, OR STATEMENT OF G&A, WHETHER MADE ON THE G&A WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. G&A NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE OR DISPLAYED ON THE G&A WEBSITE OR ANY G&A MARKETING MATERIALS. G&A SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE G&A WEBSITE OR FROM YOUR USE OF THE G&A WEBSITE IN GENERAL OR FROM ANY G&A MARKETING MATERIALS. YOUR RESULTS AND EXPERIENCES WILL VARY FROM WHAT IS PRESENTED IN THE AFOREMENTIONED G&A SOURCES AND WILL DEPEND ON YOUR SPECIFIC SITUATION. NO PROMISES, ASSURANCES, OFFERS, OR GUARANTEES ARE PRESENTED IN ANY OF THESE G&A SOURCES.

UNDER NO CIRCUMSTANCES SHALL G&A BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO: (A) THE G&A WEBSITE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE G&A WEBSITE; (C) YOUR USE OF OR RELIANCE UPON ANY INFORMATION OR CONTENT PROVIDED ON OR VIA THE G&A WEBSITE; (D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE G&A WEBSITE; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. EACH OF THE FOREGOING DISCLAIMERS APPLIES EVEN IF FORESEEABLE OR EVEN IF G&A HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE G&A WEBSITE). IN NO EVENT WILL G&A BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY. YOU AND G&A AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE G&A WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE G&A WEBSITE IS TO STOP USING THE G&A WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF G&A FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE TEN DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF G&A’S ACTS OR OMISSIONS, THE DAMAGE, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE G&A WEBSITE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY G&A WEBSITE, MOBILE FEATURE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY G&A.

You agree to defend, indemnify and hold harmless G&A and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the G&A Website or activities in connection with the G&A Website; (b) your breach of this Agreement or of our Privacy Policy (www.gnapartners.com/privacy-policy); (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (f) G&A’s use of your information as permitted under this Agreement, the Privacy Policy, or any other written agreement between you and us. You agree to cooperate fully with G&A in the defense of any claim. Notwithstanding your obligation to indemnify G&A, G&A reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will remain liable for the indemnification obligation. You will not settle any claim without the express written consent of G&A.

By accessing and/or using this Site, you agree to try to settle any dispute with G&A arising from or related to your use or access of the G&A Website by sending a letter describing the basis for the dispute and allowing G&A at least 30 days to respond after G&A receives your letter. If you want to send such a letter to G&A, send it to info@gnapartners.com. G&A will respond to you at the address G&A has on file for you.

The parties will cooperate and attempt in good faith to resolve any dispute or claim arising out of or relating to this arbitration agreement or the construction, interpretation, performance, breach, termination, enforceability, or validity thereof, or arising out of or relating to your use of or access to the G&A Website.

You and G&A agree to attempt to resolve the dispute under the terms described in the preceding paragraph before you or G&A will commence any litigation or file a claim against the other party.

By accessing and/or using the G&A Website, you unconditionally agree that any dispute which cannot otherwise be resolved as provided above after the parties have negotiated the resolution of the dispute for at least fifteen (15) business days will be decided entirely by binding arbitration on an individual basis, which means you and G&A waive the right for a judge or jury to decide such claims and means that you may not proceed in a class, collective, or consolidated capacity. Your rights and G&A’s rights during the arbitration process may be more limited than the rights you or G&A would have in civil trial or appellate courts. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.

At the beginning of any arbitration process under this arbitration agreement, you and the Company will need to select an arbitrator by mutual agreement. The arbitrator shall be a retired federal judge or judge of the state court of general jurisdiction, or another qualified and impartial person that you and the Company decide upon. In the event you and the Company cannot agree on an arbitrator, G&A will select an alternative dispute resolution provider and request from that provider a list of an odd number of potential arbitrators. From that list you and G&A will alternatively strike arbitrators, with G&A going first, until one arbitrator is left. That arbitrator shall be the arbitrator who will hear the case. Payment of all filing, administration and arbitrator fees will be governed by the selected arbitrator’s or alternative dispute resolution provider’s applicable rules, or as otherwise required under applicable law.

The arbitrator shall have the same authority as a state or federal court would have to issue subpoenas to third parties for production of documents and for depositions, in addition to subpoenas to appear at any arbitration hearing. In any arbitration proceeding under this arbitration agreement, all rules of pleading under the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and all rights to resolution of the dispute by means of motions for summary judgment, judgment on the pleadings shall apply and be observed, unless you and G&A agree otherwise. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings shall be privileged unless waived by the parties or disclosure is required under applicable law. The arbitrator’s award(s) shall include the arbitrator’s written reasoned opinion. Resolution of all disputes shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis (including but not limited to, notions of “just cause”) other than such controlling law.

You and the Company each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. This arbitration agreement shall not be construed to allow or permit the consolidation or joinder of claims of other claimants, or to permit such claims to proceed as a class, representative, or collective action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. No arbitrator shall have the authority under this arbitration agreement to order any such class or collective action. Any dispute regarding the validity, scope, or enforceability of this arbitration agreement, or concerning the arbitrability of a particular claim, shall be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights that you may have to bring or participate in an action brought on a class or collective basis.

The arbitral award will be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived.

Each party will bear its own fees, costs and expenses of the arbitration, and its own legal expenses, attorneys’ fees, and costs of all experts and witnesses, provided, however, that the arbitrator may award arbitration costs, including legal, auditing, and other fees to the prevailing party in the arbitration proceeding if the party prevails on a claim based on a statute or contract that provides for award of such attorneys’ fees and costs to the prevailing party.

Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information or to enjoin infringement or other misuse of intellectual property rights; or (d) to enforce any decision of the arbitrator, including the final award.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR G&A WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in effect.

We reserve the right to modify or add to this Agreement at any time without prior notice, and you agree that we may do so. We will link to the latest version of this Agreement on the home page of the G&A Website, and your use of the G&A Website after we have posted the updated terms constitutes your agreement to these updated terms. Therefore, you should review this Agreement each time before using the G&A Website. The updated terms will be effective as of the time of posting and will apply to your use of the G&A Website from that point forward.

We may assign this Agreement in whole or in part, without notice to or consent from you. You may not assign this Agreement without our prior written consent.

This notice is for our California users. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you would like to contact us, we may be reached at:

G&A Partners
17220 Katy Freeway, Suite 350
Houston, TX 77094
888-715-8199
info@gnapartners.com