“User” means a person who has signed up and is registered with gyapomcare for the use or potential use of the service. “Partner” means the party having sole responsibility for the service. “Pro” means the person who is a business partner of, or otherwise retained by the Partner and who provides the service to the User. ‘Vehicle’ means a vehicle that is owned and/or used by a Partner to provide the service.
2. GENERAL CHILDREN UNDER THE AGE OF 18
gyapomcare cares about the safety of children. Because the Service is not directed towards children under 18, they are not allowed to register with or use the Service, or provide personal data. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a child under 18, we will delete that information immediately.
3. FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
3.1 TECHNICAL AND FUNCTIONAL MANAGEMENT OF THE WEBSITE AND APP
3.2 CUSTOMER SERVICE
3.3 ENHANCING YOUR EXPERIENCE GEO-LOCATION INFORMATION
When you use the App through your mobile device, and only if you have consented thereto, we will track your geo-location information, on a real time basis only. We use this information to allow you to view the Pros in your area that are close to your location, set your job location and send it to the requested Pro, and see the requested Pro approaching on a map in real time. We may also use this real-time geo-location information to address user or pro support, technical, or business issues that may arise in the course of your use of the App. If you contact gyapomcare customer service while on a job, and it is necessary to use your real-time geo-location information to address your question, our support personnel will seek your consent before consulting your real-time geo-location. In addition, your choice to use some of the features of the App during the job, for example, ‘Share my Job’ will allow you to share your geo-location information with those persons with whom you choose to share such information. You can also decide to share your estimated time of arrival (ETA) with one of your contacts. In that case the App will automatically send your contact a one-time text message from your contact list informing him or her of your ETA. If you do not consent to the tracking of your geo-location, you will still be able to use the basic features of the App. You may at any time withdraw your consent in your gyapomcare account. Further, you can turn the geo-location tracking off at the device level, also temporarily. Your mobile device informs you when geo-location is tracked by displaying the GPS arrow icon. If a Pro is working on a job, we will collect the Pro’s geo-location information from the Pro’s mobile device. Because you are working on a job, this means we will also indirectly collect your location information. This information is necessary to calculate your fare, send you a receipt showing the duration of the job, allow you to view your job history in your gyapomcare account, and handle complaints from you or Pros. We will also use the Pro’s geo-location information in an anonymised and aggregated form in order to generate statistical information and management information and to provide you with increased App functionality. PERSONAL INFORMATION When you request transportation via your use of the App, we provide your first name or last name to the Pro/Partner who accepts your request for transportation so that the Pro may contact and find you. PHOTO If you choose to upload a photo to your gyapomcare account, your photo will be viewable by the Pro who is picking you up so that the Pro is able to verify your identity. You may remove or replace your photo at any time by logging into your account on the Website. TELEPHONE NUMBER AND PUSH NOTIFICATIONS If you have requested a ride through the Website or the App, from the time that your ride request is accepted by the Pro, until you reach your destination, you and the Pro will have the ability to contact each other, via the mobile phone used to request the service. During that time and only if you have consented we will send you push notifications to your mobile phone to let you know if the Pro is on his way to your location and again when he has arrived at your location. To send you push notifications we will process your telephone number. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile telephone.
3.4 PROCESSING PAYMENTS
When you register as a User, your credit card information is provided to our payment processing provider www.stripe.com. in order to process payments for your requests or rides. gyapomcare itself only collects the first six (the BIN numbers) and the last four digits of your credit card number, the expiration number and (for the US) your zip code. We use this information to prevent fraud.
gyapomcare may use your contact details to send you general updates regarding gyapomcare news, special offers and promotions. You may at all times opt-out of receiving these updates.
3.6 GENERATING MANAGEMENT INFORMATION AND STATISTICAL DATA
gyapomcare uses your personal data in an anonymised and aggregated form to closely monitor which features of the Service are used most, to analyze usage patterns and to determine where we should offer or focus our Service. We may share this information with third parties for industry analysis and statistics.
3.7 ADMINISTRATING JOB APPLICATIONS
If you wish to apply for a job on our Website we will collect personal information such as your name, email address, phone number and additional information such as resume and gender. We use the information collected within this area of the Website to register and process your application, to determine your qualifications for the position for which you have applied and to contact you.
If you choose to use our referral feature in the App to tell a friend about our Service, you will be prompted to enter your friend’s email address or mobile phone number or log into your preferred social network. If you elect to refer a friend, we will automatically populate a message for you to send to your friend inviting him or her to try the Service on your behalf, however the actual message will be sent via your mobile device or social network and you will be able to edit the final message before you send it. We do not store your friend’s data.
3.9 ADMINISTRATING PUBLIC FORUMS
The Website and the App may offer publicly accessible blogs and community forums. We will use your personal data such as your name, email address, the messages or content you choose to post to administrate and provide you with these services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, please contact us at email@example.com.
4. OUR DISCLOSURE OF YOUR INFORMATION
We may employ third party companies and individuals to facilitate or provide the Service on our behalf, to process payment, provide customer support, provide geo-location information to our Pros, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose. Super will disclose your personal data to the extent that this is legally required, or necessary for the establishment, exercise or defence of legal claims and legal process; or in the event of an emergency pertaining to your health and/or safety.
5. YOUR RIGHTS
As a user, you have the right to information regarding your personal account, including information that you’ve provided to us and information regarding each ride requested via the App. You may at any time request request correction or erasure of your personal data, and object to any processing of your personal data by emailing us at firstname.lastname@example.org. We will respond to your access and/or correction request within four weeks. You may also amend your personal details and withdraw any given consent using your gyapomcare account.
gyapomcare has taken appropriate technical and organizational security measures against loss or unlawful processing of your personal data. To this purpose, your personal data are securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards of the locations where data are stored. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to gyapomcare is at your own risk. We recommend that you do not disclose your password to anyone.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email and by means of a notice on the Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
10. PRIOR TO WORK AGREEMENT BETWEEN PRO, USER, AND gyapomcare
Customer agrees to pay the rates as specified in the gyapomcare app at time of service, namely, a service fee or base fee, (which covers gas and time to get to the customer’s home), and the price per minute, and the material used on the job by the independent contractor. We do not accept cash or checks. Do not pay the independent contractor any cash or directly or you will be liable for what you pay the contractor and the charges from the gyapomcare app. We only accept credit cards securely processed through stripe via the app. We do not provide refunds for work performed or materials used. Payment is due that day and at time of completion of work. If the app crashes, or stops running during the job for whatever reason, we will process the time and material used on the job and collect the balance due outside of the app. The Pro maintains the right to refuse service to anyone. If a contractor is being asked to do something he or she is not qualified or feels comfortable to do, the Pro may decline to do so, and any work up to that point must be collected. Any unpaid amounts are subject to small claims, lawyer fees, hourly rate for petitioning, and a mechanicʼs lien on the full unpaid amount and any unauthorized services and parts at our standard rates and parts fees. User agrees to pay for the standard rates in all cases of work performed, including if we are unable to find the problem by troubleshooting and research. gyapomcare is not responsible for any uncollected amount due to the Pro for services rendered for any reason if the total amount is not collected at time of service for any reason.
TERMS AND CONDITIONS
Last Updated: April 5th, 2017
1. CONTRACTUAL RELATIONSHIP
2. THE SERVICES
The Services constitute a technology platform that enables users of gyapomcare’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule home services, transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with gyapomcare or certain of gyapomcare’s affiliates (“Third Party Providers”). Unless otherwise agreed by gyapomcare in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT gyapomcare DOES NOT PROVIDE HOME SERVICES, MOBILE SERVICE, TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A HOME SERVICE AND TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, gyapomcare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and gyapomcare’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by gyapomcare; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES.
You acknowledge that portions of the Services may be made available under gyapomcare’s various brands or request options associated with home services, transportation, or logistics, including the transportation request brands currently referred to as “Pros”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of gyapomcare’s subsidiaries and affiliates; or (ii) independent Third Party Providers, or holders of similar permits, authorizations or licenses.
THIRD PARTY SERVICES AND CONTENT.
The Services and all rights therein are and shall remain gyapomcare’s property or the property of gyapomcare’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner gyapomcare’s company names, logos, product and service names, trademarks or services marks or those of gyapomcare’s licensors.
3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or gyapomcare’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by gyapomcare in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from gyapomcare at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
gyapomcare may, in gyapomcare’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that gyapomcare establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by gyapomcare; (iii) may be disabled by gyapomcare at any time for any reason without liability to gyapomcare; (iv) may only be used pursuant to the specific terms that gyapomcare establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. gyapomcare reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that gyapomcare determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
gyapomcare may, in gyapomcare’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to gyapomcare through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to gyapomcare, you grant gyapomcare a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and gyapomcare’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant gyapomcare the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor gyapomcare’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by gyapomcare in its sole discretion, whether or not such material may be protected by law. gyapomcare may, but shall not be obligated to, review, monitor, or remove User Content, at gyapomcare’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. gyapomcare does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, gyapomcare will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by gyapomcare. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. gyapomcare will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by gyapomcare using the preferred payment method designated in your Account, after which gyapomcare will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that gyapomcare may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and gyapomcare, gyapomcare reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in gyapomcare’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. gyapomcare will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. gyapomcare may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by gyapomcare (on gyapomcare’s website, in the Application, or in gyapomcare’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that gyapomcare provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
REPAIR OR CLEANING FEES.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by gyapomcare in gyapomcare’s reasonable discretion, gyapomcare reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by gyapomcare to the applicable Third Party Provider and are non-refundable.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” gyapomcare DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, gyapomcare MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. gyapomcare DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
gyapomcare SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF gyapomcare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. gyapomcare SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PARTNER, INDEPENDENT CONTRACTOR OR THIRD PARTY PROVIDER, EVEN IF gyapomcare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. gyapomcare SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SERIVICEX’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT INDEPENDENT SERVICE PROVIDERS PROVIDING HOME REPAIRS, MOBILE SERVICES AND TRANSPORTATION SERVICES REQUESTED THROUGH THE gyapomcare MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL gyapomcare’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). gyapomcare’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICE, GOODS, OR LOGISTICS SERVICES WITH INDEPENDENT SERVICE PROVIDERS, BUT YOU AGREE THAT SERVICE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, SERVICES OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold gyapomcare and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) gyapomcare’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and gyapomcare, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and gyapomcare are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and gyapomcare otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration atwww.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents atwww.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE.
Unless you and gyapomcare otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and gyapomcare submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. gyapomcare will not seek, and hereby waives all rights gyapomcare may have under applicable law to recover, attorneys’ fees and expenses if gyapomcare prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, gyapomcare will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). CHANGES. Notwithstanding the provisions of the modification-related provisions above, if gyapomcare changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing gyapomcare written notice of such rejection by mail or hand delivery to: gyapomcare, LLC, Attn: Dispute Resolutions, 1019 Berryville Ave Winchester VA 22601, or by email from the email address associated with your Account to: email@example.com, within 30 days of the date such change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Uber in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
7. OTHER PROVISIONS
CHOICE OF LAW.
These Terms are governed by and construed in accordance with the laws of the State of Virginia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to gyapomcare’s designated agent. Please visit gyapomcare’s web page at www.ligthinghomeservices.com for the designated address and additional information.
gyapomcare may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to gyapomcare, with such notice deemed given when received by gyapomcare, at any time by first class mail or pre-paid post to gyapomcare, LLC, Attn: User Notices – Legal, 1019 Berryville Ave, Winchester VA 22601
You may not assign these Terms without gyapomcare’s prior written approval. gyapomcare may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of gyapomcare’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, gyapomcare or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. gyapomcare’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by gyapomcare in writing.