Last Updated: June 9, 2020
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and I need a HAND™ , Inc., its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “I need a HAND™ ,” “we,” “us” or “our”) governing your use of I need a HAND™ application, website, and technology platform (collectively, the “I need a HAND™ Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND I NEED A HAND™ CAN BE BROUGHT (SEE SECTION DISPUTE RESOLUTION AND ARBITRATION AGREEMENT BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST I NEED A HAND™ TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A HAND OR HAND APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION DISPUTE RESOLUTION AND ARBITRATION AGREEMENT.
By entering into this Agreement, and/or by using or accessing I need a HAND™ Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section Dispute Resolution And Arbitration Agreement) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS I NEED A HAND™ PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH I NEED A HAND™ PLATFORM. If you use I need a HAND™ Platform in another country, you agree to be subject to I need a HAND™ 's terms of service for that country.
I need a HAND™ Platform
I need a HAND™ Platform provides a marketplace where persons who seek jobs and services to certain destinations (“Customers”) can be matched with job and service options. One option for Customers is to request a service from Hands who are in the desired location (“Hands”). Hands and Customers are collectively referred to herein as “Users.” As a User, you authorize I need a HAND™ to match you with a Hand or Customer based on factors such as your location, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Job or service provided by a Hand to a Customer shall constitute a separate agreement between such persons.
Modification to the Agreement
I need a HAND™ reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. I need a HAND™ reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of I need a HAND™ Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
Eligibility
I need a HAND™ Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. I need a HAND™ Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use I need a HAND™ Platform, each User shall create a User account. Each person may only create one User account, and I need a HAND™ reserves the right to deactivate any additional or duplicate accounts.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a I need a HAND™ account for such minor to use I need a HAND™ Platform subject to the following requirements and restrictions: (a) you ensure that the minor does not request or accept any Services unless accompanied by you or an authorized guardian, and (b) you expressly guarantee the minor’s acceptance of the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor Customer.
By creating a I need a HAND™ account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of I need a HAND™ Platform as provided by the terms of this Agreement and any applicable agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor Customer.
Charges
As a Customer, you understand that request or use of Services may result in charges to you (“Charges”). Charges related to services performed, plus any tips to the Hand that you elect to pay. Pricing may vary based on the type of service you request (e.g., shared, economy, extra seats, luxury) as described on your market’s I need a HAND™ Page. You are responsible for reviewing the applicable I need a HAND™ Page or price quote within I need a HAND™ app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
• Variable Fares. . Variable fares consist of a base charge and incremental charges based on the duration of the service provided.
• Quoted Fares. In some cases Hands may quote you a Fare at the time of your request. The quote is subject to change until the service request is confirmed. Fees and Other Charges.
• Tips. Following a job or service you may elect to tip your Hand in cash or through I need a HAND™ application. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Hand.
General.
• Facilitation of Charges.All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). I need a HAND™ may replace its third-party payment processor without notice to you. Your payment of Charges to I need a HAND™ satisfies your payment obligation for your use of I need a HAND™ Platform and Services. I need a HAND™ may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don't recognize a transaction, then check your receipts and payment history.
• No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of I need a HAND™ Platform, any disruption to I need a HAND™ Platform or Services, or any other reason whatsoever.
• Credit Card Authorization. Upon addition of a new payment method or each service request, I need a HAND™ may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Payments
If you are a Hand, you will receive payment for your provision of Services pursuant to the terms of the your agreement with Customer which shall form part of this Agreement between you and I need a HAND™ .
I need a HAND™ Communications
By entering into this Agreement or using I need a HAND™ Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from I need a HAND™ , its affiliated companies and/or Hands, may include but are not limited to: operational communications concerning your User account or use of I need a HAND™ Platform or Services, updates concerning new and existing features on I need a HAND™ Platform, communications concerning promotions run by us or our third-party partners, and news concerning I need a HAND™ and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING I NEED A HAND™ PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM I NEED A HAND™ (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 46080 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF I NEED A HAND™ PLATFORM OR RELATED SERVICES.
Your Information
Your Information is any information you provide, publish or post to or through I need a HAND™ Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any I need a HAND™ -related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use I need a HAND™ Platform and participate in the Services. Our collection and use of personal information in connection with I need a HAND™ Platform and Services is as provided in I need a HAND™ ’s Privacy Policy located at I Need a Hand. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable I need a HAND™ to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. I need a HAND™ does not assert any ownership over your Information; rather, as between you and I need a HAND™ , subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Promotions, Referrals, and Loyalty Programs
I need a HAND™ , at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with I need a HAND™ . I need a HAND™ reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that I need a HAND™ determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. I need a HAND™ reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, I need a HAND™ 's referral program ("Referral Program") provides you with incentives to refer your friends and family to become new Users of I need a HAND™ Platform in your country (the “Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional information.
Restricted Activities
With respect to your use of I need a HAND™ Platform and your participation in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt I need a HAND™ Platform or the servers or networks connected to I need a HAND™ Platform;
e. post Information or interact on I need a HAND™ Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
f. use I need a HAND™ Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of I need a HAND™ Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through I need a HAND™ Platform;
i. “frame” or “mirror” any part of I need a HAND™ Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of I need a HAND™ Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense I need a HAND™ Platform or access to any portion of I need a HAND™ Platform;
l. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of I need a HAND™ Platform or its contents;
m. link directly or indirectly to any other web sites;
n. transfer or sell your User account, password and/or identification, or any other User's Information to any other party;
o. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
p. violate any of the Referral Program rules if you participate in the Referral Program; or
q. cause any third party to engage in the restricted activities above.
Hand Representations, Warranties and Agreements
By providing Services as a Hand on I need a HAND™ Platform, you represent, warrant, and agree that:
a. You will not engage in reckless behavior while conducting business through this platform, permit an unauthorized third party to accompany you. Perform services as a Hand while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of I need a HAND™ community or third parties.
b. You will not attempt to defraud I need a HAND™ or Customers on I need a HAND™ Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for services in question and take any other action against you available under the law.
c. You will not discriminate against Customers with disabilities. You will make responsible accommodation as required by law and regarding service animals and persons with
d. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
Intellectual Property
All intellectual property rights in I need a HAND™ Platform shall be owned by I need a HAND™ absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in I need a HAND™ Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of I need a HAND™ . I need a HAND™ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
I NEED A HAND™ and other I need a HAND™ logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of I need a HAND™ in the United States and/or other countries (collectively, the “I need a HAND™ Marks”). If you provide Services as a Hand, I need a HAND™ grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use I need a HAND™ Marks solely on I need a HAND™ stickers/decals, I need a HAND™ Amp, and any other I need a HAND™ -Branded items provided by I need a HAND™ directly to you in connection with providing the Services ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without I need a HAND™ ’s prior written permission, which it may withhold in its sole discretion. I need a HAND™ logo (or any I need a HAND™ Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a I need a HAND™ Mark in a domain name or I need a HAND™ referral code, or use of a I need a HAND™ Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Hand on I need a HAND™ Platform, but may not misidentify yourself as I need a HAND™ , an employee of I need a HAND™ , or a representative of I need a HAND™ .
You acknowledge that I need a HAND™ is the owner and licensor of I need a HAND™ Marks, including all goodwill associated therewith, and that your use of I need a HAND™ logo (or any I need a HAND™ Marks) will confer no interest in or ownership of I need a HAND™ Marks in you but rather inures to the benefit of I need a HAND™ . You agree to use I need a HAND™ logo strictly in accordance with I need a HAND™ ’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that I need a HAND™ determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use I need a HAND™ Marks or any derivatives of I need a HAND™ Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by I need a HAND™ in writing; (2) use I need a HAND™ Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use I need a HAND™ Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair I need a HAND™ ’s rights as owner of I need a HAND™ Marks or the legality and/or enforceability of I need a HAND™ Marks, including, challenging or opposing I need a HAND™ ’s ownership in I need a HAND™ Marks; (4) apply for trademark registration or renewal of trademark registration of any of I need a HAND™ Marks, any derivative of I need a HAND™ Marks, any combination of I need a HAND™ Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to I need a HAND™ Marks; (5) use I need a HAND™ Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in I need a HAND™ ’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing I need a HAND™ Marks (in violation of this Agreement or otherwise), you agree that upon their creation I need a HAND™ exclusively owns all right, title and interest in and to such materials, including any modifications to I need a HAND™ Marks or derivative works based on I need a HAND™ Marks or I need a HAND™ copyrights. You further agree to assign any interest or right you may have in such materials to I need a HAND™ , and to provide information and execute any documents as reasonably requested by I need a HAND™ to enable I need a HAND™ to formalize such assignment. I need a HAND™ respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on I need a HAND™ Platform infringe upon your copyrights.
Disclaimers
The following disclaimers are made on behalf of I need a HAND™ , our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders
.I need a HAND™ does not provide the jobs or services. It is up to the Hand to decide whether or not to be contacted through I need a HAND™ Platform, and it is up to the Customer to decide whether or not to accept a job from any Hand contacted through I need a HAND™ Platform. We cannot ensure that a Hand or Customer will complete an arranged service. We have no control over the quality or safety that occurs as a result of the Services.
I need a HAND™ Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of I need a HAND™ Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of I need a HAND™ Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in I need a HAND™ Platform will be corrected, or that I need a HAND™ Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of I need a HAND™ Platform or Services.
We cannot guarantee that each Customer is who he or she claims to be. Please use common sense when using I need a HAND™ Platform and Services, including looking at the photos of the Hand or Customer you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of I need a HAND™ Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Hand or Customer prior to engaging in an arranged services.
I need a HAND™ is not responsible for the conduct, whether online or offline, of any User of I need a HAND™ Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Hands or Customers. By using I need a HAND™ Platform and participating in the Services, you agree to accept such risks and agree that I need a HAND™ is not responsible for the acts or omissions of Users on I need a HAND™ Platform or participating in the Services.
You are responsible for the use of your User account and I need a HAND™ expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through I need a HAND™ Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on I need a HAND™ Platform or through the Services. Please carefully select the type of information that you post on I need a HAND™ Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning I need a HAND™ or made available through I need a HAND™ Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on I need a HAND™ Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on I need a HAND™ Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by I need a HAND™ Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither I need a HAND™ , nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by I need a HAND™ Platform. Any of your Information, including geolocational data, you upload, provide, or post on I need a HAND™ Platform may be accessible to I need a HAND™ and certain Users of I need a HAND™ Platform.
I need a HAND™ advises you to use I need a HAND™ Platform with a data plan with unlimited or very high data usage limits, and I need a HAND™ shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access I need a HAND™ Platform.
This paragraph applies to any version of I need a HAND™ Platform that you acquire from the Apple App Store. This Agreement is entered into between you and I need a HAND™ . Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to I need a HAND™ Platform. I need a HAND™ , not Apple, is solely responsible for I need a HAND™ Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
As a Hand, you may be able to use "I need a HAND™ Nav built by Google" while providing Services on the Platform. Customers and Hands may also use Google Maps while using the App. In either case, you agree that Google may collect your location data when I need a HAND™ App is running in order to provide and improve Google's services, that such data may also be shared with I need a HAND™ in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at Ineedhands.com We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
Indemnity
You will defend, indemnify, and hold I need a HAND™ including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of I need a HAND™ Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Hands, Customers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through I need a HAND™ Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Hand; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL I NEED A HAND™ , INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “I NEED A HAND™ ” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY I NEED A HAND™ PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH I NEED A HAND™ PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I NEED A HAND™ PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE JOBS, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT I NEED A HAND™ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to I need a HAND™ ; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, I need a HAND™ may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below I need a HAND™ ’s star rating or cancellation threshold; (3) I need a HAND™ has the good faith belief that such action is necessary to protect the safety of I need a HAND™ community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to I need a HAND™ ’s reasonable satisfaction prior to I need a HAND™ permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to I need a HAND™ ’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and I need a HAND™.
YOU AND I NEED A HAND™ MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with I need a HAND™ ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and I need a HAND™ , including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and I need a HAND™ ’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND I NEED A HAND™ . These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), I need a HAND™ Platform, the Services, through I need a HAND™ Platform, I need a HAND™ promotions, gift card, referrals or loyalty programs, any other goods or services made available through I need a HAND™ Platform, your relationship with I need a HAND™ , the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on I need a HAND™ ’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by I need a HAND™ , any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by I need a HAND™ and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND I NEED A HAND™ ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND I NEED A HAND™ MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND I NEED A HAND™ BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST I NEED A HAND™ , WHICH ARE ADDRESSED SEPARATELY IN Section Dispute Resolution And Arbitration Agreement(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and I need a HAND™ agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), Michigan Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the Michigan PAGA, both you and I need a HAND™ agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and I need a HAND™ will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Customers or Hands, but is bound by rulings in prior arbitrations involving the same Customer or Hand to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
1. If I need a HAND™ initiates arbitration under this Arbitration Agreement, I need a HAND™ will pay all AAA filing and arbitration fees.
2. With respect to any Claims brought by I need a HAND™ against a Hand, or for Claims brought by a Hand against I need a HAND™ that: (A) are based on an alleged employment relationship between I need a HAND™ and a Hand; (B) arise out of, or relate to, I need a HAND™ ’s actual deactivation of a Hand’s User account or a threat by I need a HAND™ to deactivate a Hand’s User account; (C) arise out of, or relate to, I need a HAND™ ’s actual termination of a Hand’s Agreement with I need a HAND™ under the termination provisions of this Agreement, or a threat by I need a HAND™ to terminate a Hand’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including I need a HAND™ ’s commission or fees on the Fares), tips, or average hourly guarantees owed by I need a HAND™ to Hands for Services, other than disputes relating to referral bonuses, other I need a HAND™ promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Hand (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Hand Claims”), I need a HAND™ shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by I need a HAND™ pursuant to the fee provisions above). However, if you are the party initiating the Hand Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Customers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section Dispute Resolution And Arbitration Agreement(e)(3), the term “Hand” shall be deemed to include both Hands and Hand applicants who have not been approved to provide services.
3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law
5. Although under some laws I need a HAND™ may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, I need a HAND™ agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
6. If the arbitrator issues you an award that is greater than the value of I need a HAND™ ’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then I need a HAND™ will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and I need a HAND™ agree otherwise, any arbitration hearings between I need a HAND™ and a Customer will take place in the county of your billing address, and any arbitration hearings between I need a HAND™ and a Hand will take place in the county in which the Hand provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section Dispute Resolution And Arbitration Agreement(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of I need a HAND™ Platform or Services. Where these claims are brought in a court of competent jurisdiction, I need a HAND™ will not require arbitration of those claims. I need a HAND™ 's agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section Dispute Resolution And Arbitration Agreement(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Severability.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Hand Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against I need a HAND™ involving Hand Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Hand Claims in that particular class action. Instead, your Hand Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Hand Claims That Are Not In a Pending Settlement Action.
As a Hand or Hand applicant, you may opt out of the requirement to arbitrate Hand Claims defined in Section Dispute Resolution And Arbitration Agreement(e)(3) (except as limited by Section Dispute Resolution And Arbitration Agreement(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in I need a HAND™ ’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with I need a HAND™ . If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Hand Claims, you may opt out of arbitration with respect to such Hand Claims, other than those in a Pending Settlement Action, by notifying I need a HAND™ in writing of your desire to opt out of arbitration for such Hand Claims, which writing must be dated, signed and delivered by electronic mail to I need a HAND™.
In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Hand Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and I need a HAND™ shall be bound by the terms of this Arbitration Agreement in full (including with respect to Hand Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Hand Claims that are part of a Pending Settlement Action and your Hand Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable I need a HAND™ Terms of Use that you agreed to prior to the effective date of this Agreement.
Cases have been filed against I need a HAND™ and may be filed in the future involving Hand Claims. You should assume that there are now, and may be in the future, lawsuits against I need a HAND™ alleging class, collective, and/or representative Hand Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Hand Claims with I need a HAND™ under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against I need a HAND™ in an individual arbitration, except for the Hand Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Hand Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and I need a HAND™ may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and I need a HAND™ . A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Confidentiality
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to I need a HAND™ ’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by I need a HAND™ for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of I need a HAND™ Platform any User Information obtained from I need a HAND™ Platform. As a Hand, you understand that some of Customer Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. In the event that you know a Customer, you should not disclose to anyone the identity of the Customer or the location that you picked up, or dropped of the Customer as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of I need a HAND™ in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to I need a HAND™ with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by I need a HAND™ or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of I need a HAND™ ; becomes known to you, without restriction, from a source other than I need a HAND™ without breach of this Agreement by you and otherwise not in violation of I need a HAND™ ’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to I need a HAND™ to enable I need a HAND™ to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with I need a HAND™
As a Hand on I need a HAND™ Platform, you acknowledge and agree that you and I need a HAND™ are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and I need a HAND™ expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and I need a HAND™ ; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind I need a HAND™ , and you undertake not to hold yourself out as an employee, agent or authorized representative of I need a HAND™.
I need a HAND™ does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize I need a HAND™ Platform. You retain the option to accept or to decline or ignore a Customer’s request for Services via I need a HAND™ Platform, or to cancel an accepted request for Services via I need a HAND™ Platform, subject to I need a HAND™ ’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, I need a HAND™ shall have no right to require you to: (a) display I need a HAND™ ’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying I need a HAND™ ’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
Other Services
In addition to connecting Customers with Hands, I need a HAND™ Platform may enable Users to provide or receive services from other third parties, (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through I need a HAND™ Platform, you authorize I need a HAND™ to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that I need a HAND™ is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through I need a HAND™ Platform.
General
Except as provided in Section Dispute Resolution And Arbitration Agreement, this Agreement shall be governed by the laws of the State of Michigan without regard to choice of law principles. This choice of law provision is only intended to specify the use of Michigan law to interpret this Agreement and is not intended to create any other substantive right to non- Michigan’s to assert claims under Michigan law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by I need a HAND™ , in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to I need a HAND™ shall be given by certified mail, postage prepaid and return receipt requested to I need a HAND™ , Inc., 11420 Gold Arbor, Plymouth, MI 48170. Any notices to you shall be provided to you through I need a HAND™ Platform or given to you via the email address or physical you provide to I need a HAND™ during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and I need a HAND™ with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding I need a HAND™ Platform or Services, please contact us through our Help Page.
