Last Revised: 02-January-2022
When you interact with the Platform, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you use the Platform, we may collect information about the individual web pages that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We refer to this automatically collected information as "Device Information."We collect Device Information using the following technologies:
Additionally, we may collect certain personal information that you provide to us or Client(s) via the Platform from time to time, such as your name or email address.
You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Platform.
We and our service providers use personal information for our legitimate business purposes, including those specifically described below. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation and/or because we have a legitimate business interest.
We use the personal information that we collect generally to fulfill any requests made through the Platform. Additionally, we use personal information to communicate with you, personalize your experience on the Platform, and, when in line with the preferences you have shared with us, provide you with information or advertising relating to Wolf and/or Client(s), which may include their products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Platform (for example, by generating analytics about how our users browse and interact with the Platform.
Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platform you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from us, you may opt-out by emailing us at firstname.lastname@example.org. If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from a third party (including Client(s)), you are responsible for contacting the third party directly.
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, or as advisable in light of legal requirements.
We use administrative, technical and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.
The Platform is not intended for individuals under 18 years of age. We do not knowingly solicit information from or market to individuals under 18 years of age. If you become aware of any data we have collected from individuals under 18 years of age, please contact us using the contact information provided below.
Under the California Consumer Privacy Act of 2018 ("CCPA"), Wolf is a "service provider" of the applicable Client(s), which may be a "business" covered by the CCPA. As a "service provider", Wolf processes your personal information in order to provide its services to the Client(s), and in order to facilitate your interactions with the Client(s). To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your personal information that has been collected, the right to request that your personal information be deleted, and the right to opt-out of the sale of your personal information, please contact the applicable Client(s).
Wolf and the Platform comply with the CCPA and other applicable laws. If you'd like to make a request to Wolf regarding your personal information, please contact us by e-mail at email@example.com, and we will try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Wolf. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent Wolf's ability to provide you with certain features and functionalities of the Platform.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
One Wolf Inc., 33 Park Place, New York, NY, 10007
Capitalized terms are defined as set forth below or elsewhere in the Agreement.
1.1 “Services” means the services described in a shift description for services to be performed or provided by a worker to or for a Customer.
1.2 “Shift Request” means information that is provided by or on behalf of a Client that is made available, through the Application, to one or more Workers, which includes a description of the services to be performed or provided by the Worker(s), the times at which the shift begins and is to be completed (unless the Client does not establish any set times), and the fee(s) associated with the shift (the “Payment”). An Open Shift is a shift for services that has not yet been accepted by a worker(“Open Shift”). You acknowledge and agree that in limited instances where a shift has been posted with an erroneous fee amount (i.e., an amount in which the job is posted at a rate of pay that is more than double the average rate of pay posted by the Client for similar jobs), the Client may adjust the fee to the lesser of (i) no less than one hundred twenty percent (120%) of the average rate of pay for similar jobs the Customer has posted within the last sixty (60) days, or (ii) fifteen ($15) dollars per hour. Workers can use the Application to find, review, and, if they so choose, select among Open Shifts at their discretion. Once a worker has accepted a shift pursuant to Section 2, the shift will become an “Engagement.”
1.3 “Get-By Mobile Application” or “Application” means the software application owned and operated by Get-By, Inc. in connection with the Get-By marketplace.
2.1 Client Conditional Offer Specifications and Privacy Information. Some clients may require that you complete certain steps or meet certain specifications after you accept, but before you perform, a shift (“Conditional Offer Specifications”). You will receive notice of any Conditional Offer Specifications after you accept the shift. Failure to complete or meet such Conditional Offer Specifications to the satisfaction of the Client will result in your inability to perform the accepted shift. Please note that some of the Conditional Offer Specifications will require Get-By or a designated third-party provider to ask for your social security number and share it with entities who require the information to facilitate the Conditional Offer Specifications. Get-By may also share your social security number with a third-party payment processor, such as Stripe, in order to verify your payment account and to ensure the safety of your account. Get-By will share your social security number with a third-party Human Resources provider, such as Rippling, in order to verify your employment eligibility and disperse payroll. Get-By may share your social security number with a third-party debit card company, such as Branch, in order to provide you with a seamless option for receiving your compensation electronically.
2.2 Best Efforts. By registering to use the Application as a Worker, and by accepting an Open Shift, you agree to use your best efforts to perform the Engagement such that the Services meet the specifications of the Client that created the Open Shift. Once a Worker has accepted a shift, the Open Shift will no longer be available for performance by other Workers who accessed the Open Shift. By accepting an Open Shift, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Shift. Accordingly, you agree not to accept an Open Shift unless: (1) you understand what the Client has asked you to deliver; (2) you possess the skills and expertise needed to perform the Services identified in the Open Shift; (3) you are able to deliver the Services in the time period stated by the Client; and (4) you are able to travel to and from the Customer’s location, as needed. You further acknowledge and agree that if you fail to arrive at the Client Business location by the specified start time as noted in the shift, the Client may cancel the shift without any penalty. Failure to timely deliver the Services consistent with the Client’s specifications will constitute a breach, resulting in non-payment. Further, in the event of such a breach, you will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of your failure to timely complete the Open Shift in accordance with the Client specifications. You agree to not possess, sell, receive, or operate under the influence of any drugs or alcohol while performing any Engagement.
3. Employee Relationship
This Agreement is intended to create a partnership, and employer-employee relationship between Get-By and you. You acknowledge and agree that you are, and that you specifically desire to operate as a Part-Time Employee of Get-By, Inc.
As a (part-time) W-2 employee you will represent Get-By to Clients. With that being said there are expectations of your conduct while using the Application, that may affect your employment status. You acknowledge and agree that being an employee means that you are an agent of Get-By but not of any Client, and that you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Get-By or any Client.
As a Get-By “Worker”, you have complete discretion to determine whether, when, where, and how often you make yourself available to accept shifts to perform or provide Services for Clients, and you are solely responsible for determining which Open Shifts you will choose to accept (if any).
Except as you otherwise agree in connection with your acceptance of a shift, you shall have no obligation to be available to accept shifts or to perform or provide Services on any specific day, at any specific time, for any specific duration, for any specific Customer, or with any specific frequency.
Get-By does not and shall not restrict your right to provide services for, through, or arranged by other parties, including Get-By’s competitors. Indeed, as an employer that is aware of the nuance of part time employment, Get-By expects that you will provide services for, through, or arranged by other parties.
You acknowledge and represent that you have the unfettered right to earn income and generate fees from other sources, and that Get-By does not guarantee you any minimum amount of Engagements.
As a Worker, (a) Get-By is your part-time employer, and as such directs and controls the work or services you will perform for Clients (if you don’t show up, you breach the terms of the Engagement, please show up), (b) these Clients will leave information in reviews regarding Worker performance and conduct, and will contact Get-By support to report negative Worker experiences, (c) as a part of your experience you will also be asked to leave feedback about your experience working with Clients per engagement, this feedback will be used to refine your Worker User Experience, (d) Get-By does not set your work hours and location of work, this is agreed on between you and the Client on a shift basis in the Shift Request, (d) the manner and amount of compensation paid pursuant to any Accepted Shift Request will be at such rate(s) specified in each request, or adopting a reasonable minimum wage standard ($15/hr).
Get-By does not allow workers to hire additional subcontractors to complete any engagement/shift request.
Get-By Clients will provide performance assessments for you, and will oversee your work and instruct you as to how you are to perform or provide Services, or the method or process you use to perform Services at the given Business Location.
Get-By does not pay a salary or hourly rate, but rather facilitates Clients’ payment of the rate they offer for the Services, or adopting a reasonable minimum wage standard ($15/hr).
Get-By may provide training, tools, equipment, or benefits to you, but currently Get-By will not reimburse any expenses you incur in performing or providing Services.
Get-By does not and shall not dictate the time of performance for any shift or Engagement.
You agree that you have no legal authority to enter into contracts on Get-By’s behalf or otherwise bind Get-By in any way.
You are responsible for obtaining and maintaining any required registration, licenses, or other authorization necessary for the Services you render to Clients.
Without limiting the generality of the foregoing:
3.1 Benefits and Contributions. You acknowledge and agree that you are not entitled to or eligible for any benefits that Get-By, its parents, subsidiaries, affiliates or other related entities may make available to its employees, such as group insurance, profit-sharing or retirement benefits. If, notwithstanding the foregoing, you are reclassified as a full-time employee of Get-By, or any affiliate of Get-By (“Affiliate”), by the U.S. Internal Revenue Service (“IRS”), the U.S. Department of Labor (“DOL”), or any other federal, state or foreign court or agency, you agree that you will not, as the result of such reclassification, be entitled to or eligible for, on either a prospective or retrospective basis, any employee benefits under any plans or programs established or maintained by either any Customer and its parents, subsidiaries, affiliates or related entities or by Get-By, its parents, subsidiaries, affiliates or other related entities.
3.2 Taxes. Get-By, Inc. acknowledges full sole responsibility for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from Payments you receive in connection with Services you perform under this Agreement, and you agree to keep your personal information up-to-date.
4. Confidentiality, Privacy & Equality
4.1 Use and Disclosure. From time to time, you may be given access to confidential information in the course of performing Engagements. During the term of this Agreement and at all times thereafter, you agree to: (a) hold all Confidential Information in strict trust and confidence, (b) refrain from using or permitting others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing or permitting others to disclose any Confidential Information to any third party without obtaining Get-By’s express prior written consent on a case-by-case basis. “Confidential Information” means any and all information related to Get-By’s or any Customer’s business (including trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties including Customers) that Get-By and/or the Customer considers to be confidential or proprietary or that Get-By has a duty to treat as confidential.
4.3 Exceptions. Your confidentiality obligations under Sections 4.1 and 4.2 will terminate with respect to any particular information that you can prove, by clear and convincing evidence, (a) you lawfully knew prior to Get-By or a Client’s first disclosure to you, (b) a third party rightfully disclosed to you free of any confidentiality duties or obligations, or (c) is, or through no fault of you has become, generally available to the public. You may also disclose Confidential Information to the extent such disclosure is expressly approved in writing by Get-By, or is required by law or court order, provided that you immediately notify Get-By in writing of such required disclosure and cooperate with Get-By, at Get-By’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure, including filing motions and otherwise making appearances before a court.
4.4 Removal; Return. Upon Get-By’s bequest and upon any termination or expiration of this Agreement, you agree to promptly (a) return all Confidential Information to Get-By, or at Get-By’s request, destroy all Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to Get-By in writing that you have fully complied with these obligations.
You represent and warrant that you are not subject to any contract or duty that would be breached by entering into or performing your obligations under this Agreement, or any Shift, or that is otherwise inconsistent with this Agreement or any Shift.
6.1 General. You represent, warrant, and covenant that:
(a) You have full right, power, and authority to enter into and perform under this Agreement without the consent of any third party;
(b) You will comply with all of the terms of this Agreement;
(c) You will meet the Client specifications and other terms of any shift that you accept, and the Services you deliver to Clients will be of a professional and workmanlike quality.
(d) You will comply with all applicable laws, rules, and regulations in connection with your performance or provision of Services for Clients;
(e) You are providing and will provide labor or services to Get-By for remuneration, by using the Application to find, review, and, if you wish, accept shifts posted by Clients, at your discretion;
(f) You will at all points remain free from the control and direction of Get-By in connection with your use of the Application and the Get-By Platform, including during your consideration and acceptance of any shifts, and during the performance of any Engagements;
(g) You recognize that Get-By is an online job marketplace and agree that shifts posted by Clients are for work that is outside the usual course of Get-By’s business;
(h) You have made the choice to engage in the business of providing the Services set forth in any shift you accept in connection with this Agreement, and your abilities and reputation are measured by how well you provide Services to client customers;
(i) You acknowledge and agree that by virtue of using the Get-By Mobile Application to connect with Clients with access to the Get-By Platform, you are holding yourself out to Clients and the general public as an Employee of “Get-By, Inc.” engaged in whichever established trade, occupation, business, and/or profession of the nature that is involved in the Services you agree to perform or provide for Client Customers;
(j) You acknowledge and agree that Get-By does not and cannot control the worksite(s) at or in which you perform or provide any Services to Customers. Get-By can make safety recommendations to these clients, but you acknowledge that you should alert on-site personnel of any safety concerns or issues you might have;
(k) You acknowledge and agree that shifts for Services are posted by Clients without review by Get-By and that Get-By cannot and does not verify the accuracy of any shifts for Services posted by its Clients;
(l) You acknowledge that time is of the essence for the completion of shifts for Services. Thus, if a shift specifies a start time and you are not present and available at the start time, the Client may immediately cancel the shift;
(m) You will only accept shifts for which you have the necessary skills, qualifications, expertise, licensure, and authority, and will perform shifts safely and in accordance with all applicable laws and regulations;
(n) You specifically desire and intend to operate as a Part-Time Employee of “Get-By, Inc.”. You further acknowledge that all shifts posted on the Get-By Platform are intended for Get-By workers and that you will not accept or complete a shift if you believe you are not to be providing Services as an Employee of “Get-By, Inc.”;
(p) You will immediately notify Get-By in writing or via email if you ever have reason to believe that you have not received any fees or payments to which you believe you are entitled under this Agreement, any shift, or applicable law; and
(q) You will immediately notify Get-By in writing or via email if you ever have reason to believe that you have not received any fees or payments to which you believe you are entitled under this Agreement, any shift, or applicable law; and
6.2. Indemnification.You agree to indemnify and hold harmless Get-By and its parents, affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this Agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the performance of any Engagement, which act or omission gives rise to any claim for damages against you, Get-By and/or its parents, affiliates, employees or agents. Get-By specifically denies any obligation to defend and/or indemnify you from and against any third-party claims made against you arising from any negligent or intentional act or omission committed by you in connection with the performance of any Shift.
You acknowledge that you are a part-time employee of Get-By. As such, you acknowledge and understand that you are not covered by any premium based insurance policies that may be provided to Get-By Salary employees, such as health insurance, the ability to receive health insurance will eventually be integrated into the platform, but not at launch.
As an employee Get-By will cover workers’ compensation insurance, general liability insurance, employee liability insurance, and automobile liability insurance as required for your shift.
In the event you are injured while working in the course of a shift, you acknowledge and understand that you will be covered by Get-By’s Workers’ Compensation insurance coverage. It is important that if you are injured you respond to the emergency situation accordingly to resolve any dangers in your environment, call 911 or ask someone close to make the call if need be and let them know you were hurt while working, as soon as you are able report the injury to Get-By staff and our insurance underwriter’s will deal with the expenses accordingly. You must report a workplace unjust to Get-By staff within 24 hours of it occurring.
In the event that your actions cause an injury to a third party while you are working in the course and scope of performing the Services of a shift, you acknowledge and understand that you will be covered by general liability or automobile liability insurance coverage that Get-By may have, and that Get-By is making the commitment to defend and/or indemnify you in such circumstances.
6.4 Warranty Disclaimer. The Application is provided “as is,” as available and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Get-By disclaims all and makes no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Application by any third party. Some states and jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
IN NO EVENT WILL Get-By BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Get-By’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS DUE TO YOU FOR ENGAGEMENTS YOU PERFORMED FOR CUSTOMERS UNDER THIS AGREEMENT DURING THE TWELVE-MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE FIRST CLAIM TO GIVE RISE TO LIABILITY UNDER THIS AGREEMENT.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF CERTAIN TYPES OF DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8.1 Term; Termination by Get-By. This Agreement is for a term of 60 days, and is automatically and continuously renewed for additional 60-day terms with continued use. In the event more than 60 days pass without you using the Get-By Mobile Application or Browser, your next use shall constitute a renewal of this Agreement. Get-By reserves the right to terminate or limit your access to the Application and the Get-By Platform if; (a) you cease using the Application for more than two consecutive weeks over a 60 day period, (b) materially breach the Agreement or any Engagement, including if you violate the law in connection with your use of the Application (or in connection with your provision or performance of Services for Customers), or (c) if you otherwise engage in conduct in connection with your use of the Application that Get-By, in its sole discretion, believes in good faith to be harmful or damaging to the operation of the Get-By Platform.
8.2 Survival. Sections 3 (“Employee Relationship”), 4 (“Confidentiality”), 5 (“No Conflicts”), 6 (“Representations and Warranties”), 7 (“Limitation of Liability”), 8.2 (“Survival”), and 9 (“General Provisions; Arbitration”) will survive any termination or expiration of this Agreement and/or any modification or termination of the Application. Termination or expiration of this Agreement will not affect either party’s liability for any breach of this Agreement such party may have committed before such expiration or termination.
9.1 Law. Except for the “Mandatory Binding Individual Arbitration and Class Action Waiver” below, which is governed by the Federal Arbitration Act, this Agreement or any claim, cause of action or dispute arising out of or related to this Agreement shall be governed by the laws of the U.S. state in which you reside or, if you reside outside the United States, the last U.S. state in which you resided, regardless of your country of origin or where you access the Get-By Mobile Application, and notwithstanding any conflicts of law principles.
9.2 Mandatory Binding Individual Arbitration and Class Action Waiver (the “Arbitration Provision”). You and Get-By mutually agree to resolve any justiciable disputes between you exclusively through final and binding arbitration instead of filing a lawsuit in court. This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and, except as otherwise provided in this Arbitration Provision, shall apply to any and all claims arising out of or relating to this Agreement, your actual, attempted, or prospective use of the Get-By Platform (including any access or use of any website maintained by Get-By), your classification as a part-time employee, your alleged or actual performance or provision of services to or for the Company or Customers, the payments you receive or to which you claim you are entitled in exchange for actually or allegedly performing or providing services to or for the Company or Clients, the termination of this Agreement, and all other aspects of your relationship with the Company and Clients, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, or Fair Labor Standards Act, state statutes or regulations addressing the same or similar subject matters, claims based on a joint employment or misclassification theory, and all other federal, state, or local legal claims arising out of or relating to your relationship with the Company or Clients, or the termination of that relationship. The agreement between you and Get-By to mutually arbitrate disputes provides consideration for this Arbitration Provision. This Arbitration Provision applies to claims and disputes that the Company may have against you and/or that you may have against the Company, and (1) its affiliates and partners, (2) its officers, directors, employees, or agents in their capacity as such or otherwise, (3) all successors and assigns of any of them, and/or (4) Clients (to the extent any such claims or disputes with Clients relate to the Company or to the Get-By Platform). Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of claims and disputes that otherwise would be resolved in a court of law or before any forum other than arbitration. THIS ARBITRATION PROVISION REQUIRES ALL SUCH CLAIMS AND DISPUTES TO BE RESOLVED ONLY BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY WAY OF COURT OR JURY TRIAL, OR BY WAY OF CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ACTION.
Except as otherwise set forth below with respect to the Class Action Waiver, to the fullest extent permitted by law, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the formation, interpretation, applicability, enforceability, validity, conscionability, scope, breach, or alleged waiver of this Arbitration Provision, including, but not limited to, any claim that all or any part of this Arbitration Provision is void or voidable.
This Arbitration Provision does not apply to any claim that may not be arbitrated as provided by governing law. Accordingly, if governing law provides that Private Attorneys General Action (PAGA) claims under Alaska law cannot be arbitrated, this Arbitration Provision shall not apply to such PAGA claims.
(a) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt shifted, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. You may deliver any demand for arbitration to Get-By, Inc. at legal@Get-By.org, so long as the details set forth in the previous sentence are presented in the demand for arbitration.
(b) Class Action Waiver. You and Get-By mutually agree that by entering into this Arbitration Provision, both parties waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action, and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, and/or representative action (“Class Action Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Provision, or the AAA Rules (discussed below), any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be resolved only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, and/or representative action, and (2) there is a final determination that all or part of the Class Action Waiver is unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction (if at all), but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
(c) Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), although the parties may stipulate that the arbitration shall be governed by the American Arbitration Association Employment Arbitration Rules, depending on the claims at issue. In addition to and to the extent inconsistent with the foregoing AAA Rules, the following rules shall apply to any arbitration conducted pursuant to this Arbitration Provision, unless the parties stipulate otherwise:
(1) The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.
(3) Unless applicable law provides otherwise, as determined by the arbitrator, the parties agree that the Company shall pay all of the arbitrator’s fees and costs; however, if you initiate arbitration, then you must bear the extent of such costs (if any) as you would have been required to bear in bringing and maintaining a comparable legal proceeding in a court of competent jurisdiction.
(4) The arbitrator shall be empowered to order such discovery, by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary to a full and fair exploration of the issues in dispute, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
(5) Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.
(6) The arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
(7) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. The award issued by the arbitrator may be entered in any court of competent jurisdiction.
(8) Either you or Get-By may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual; provided, however, that all determinations of final relief shall be decided in arbitration, and pursuing the temporary or preliminary injunctive relief shall not constitute a waiver of rights under this agreement to arbitrate.
(e) Regardless of any other terms of this Arbitration Provision, claims may be brought before and remedies awarded by an administrative agency (such as the National Labor Relations Board, Occupational Safety and Health Administration, Equal Employment Opportunity Commission, the U.S. Department of Labor, or similar state or local administrative agencies) if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act.
(f) The AAA Rules may be found at https://www.adr.org/Rules or by searching for “AAA Commercial Arbitration Rules” (or if applicable, “AAA Employment Arbitration Rules”) using a service such as www.Google.com or www.Bing.com or by asking legal@Get-By.org to provide a copy.
(g) This Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. Therefore, terms of this Arbitration Provision shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Provision.
9.3 Modifications to Application. Get-By reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or the Get-By Platform (or any part thereof) with or without notice. However, as stated above in Section 8.2 above, Section 9 (“General Provisions; Arbitration”), which contains the Arbitration Provision, will survive any termination or expiration of this Agreement and/or any modification or termination of the Application or the Get-By Platform. You agree that Get-By shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or the Get-By Platform.
Get-By may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. Where permitted by applicable law, we will make reasonable efforts to provide you notice of such Legal Process by sending a copy to the email address we have on file for you. Get-By is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.