August 25, 2016
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRES YOU TO ARBITRATE DISPUTES WITH SEE JANE GO ON AN INDIVIDUAL BASIS, UNLESS YOU OPT OUT. SEE SECTION 23. IF YOU DO NOT WISH TO AGREE TO THE ARBITRATION PROVISION, PLEASE FOLLOW THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 23.5, WHICH YOU CAN REVIEW BY CLICK HERE.
See Jane Go does not offer ride hail service transportation. See Jane Go works only to supply the technology and platform for riders (“Guests”) and drivers (“Hosts”) to connect. As a Host, you will have a direct business relationship with each Guest you meet through the SJG Platform and choose to provide a ride. In no way do you and See Jane Go have any partnership, employee/employer or agency relationship, or joint venture affiliation.
If eligible, you may only use the SJG Platform as a Host once you have successfully completed all the requirements described in the Account Registration, Host Eligibility, Vehicle Eligibility and Insurance Requirements sections of this Agreement and have acknowledged that you have reviewed and agree to this Agreement, including Section which includes an agreement to arbitrate all claims and disputes.
- Use of Driver Mode. In order to use the App in Driver Mode and connect with Guests, you will need to log in with a user account for which you register through the See Jane Go website or App (“Account”). Your Account may be the same Account that you use when you use the SJG Platform as a Guest. However, when you use the App in Driver Mode, all use of the App in Driver Mode will be governed by this Agreement even though you may have obtained your Account and used the SJG Platform as a Guest prior to registering to become a Host and using your Account to access Driver Mode.
- Host Eligibility. You must comply with all applicable regulatory requirements for Transportation Network Company Drivers, including the California Public Utilities Commission (“CPUC”) requirements, if applicable. This means that you must be 21 years of age or older, have a valid and current state-issued driver license, have at least one year of driving history, be able to safely operate a motor vehicle and successfully complete a background check. You will be subject to a background check as described in See Jane Go’s Background Check Policy ).
As required by applicable regulations, including CPUC requirements, you will be required to complete a driver training program prior to providing services to Guests using the SJG Platform. You must have the ability and competence to form legally binding contracts under applicable law in order to use the SJG Platform as a Host.
If your Account is temporarily or permanently suspended, removed or terminated, as described in Section 9, you will be ineligible to use the SJG Platform as a Host or a Guest.
- Vehicle Eligibility. You may only provide services to Guests using the SJG Platform with vehicles that have been approved by and registered with See Jane Go. As required by applicable regulations including CPUC regulations, any vehicle used by you using the SJG Platform must pass a multi-point vehicle inspection test conducted by a licensed Bureau of Automotive Repair facility which is described in See Jane Go’s Vehicle Inspection Policy. Any vehicle you use to provide rides to Guests must be owned by you, your spouse, or your registered domestic partner or you must have the written consent of the owner to use the vehicle. You are required to provide See Jane Go with proof of a valid state vehicle registration for any eligible vehicle. You must display the See Jane Go Emblem (defined below) on your vehicle as required by applicable regulations, including CPUC requirements.
- Insurance Requirements. You are required to have personal automobile insurance at coverage levels sufficient to meet all applicable legal requirements and must present proof of current insurance before using the SJG Platform as a Host (and otherwise upon request). You understand and acknowledge that your personal automobile insurance policy may exclude from coverage the services you provide to Guests as an excluded business operation. You are responsible for confirming with your insurer that you have adequate insurance coverage for all services you provide to Guests.
You are solely responsible for maintaining workers’ compensation coverage for services you provide to Guests using the SJG Platform. You affirm that you will either obtain coverage or, to the extent permitted by law, elect at your own risk not to obtain coverage.
- Prohibited Activities. You are strictly prohibited from accepting street hails while displaying the See Jane Go Emblem (defined below) and are likewise prohibited from arranging future rides with Guests that are not processed through the SJG Platform. Attempting to divert passengers away from the See Jane Go Platform will result in suspension or removal of your Account. Further you should be aware that violating the above voids the insurance provided to you through SJG. If you do not correctly follow the rules of accepting and transporting Guests you do not have insurance coverage through SJG’s policy. You can drive passengers using other transportation technology platforms so long as you do not display the See Jane Go Emblem on your vehicle while doing so or otherwise breach the terms of this Agreement or any other agreement or policy with See Jane Go. You agree to comply with See Jane Go’s policy concerning Additional Prohibited Activities.
- Use of See Jane Go Emblem. We may provide you stickers containing our logo for use on your vehicle when you are driving Guests you meet through the SJG Platform (“See Jane Go Emblem”). You may only use the See Jane Go Emblem on a vehicle that complies with the Vehicle Eligibility requirements and solely as permitted by the instructions we provide you.
- Payments from Guests. In its sole discretion, See Jane Go brokers the rates that Guests will pay you for rides you accept through the SJG Platform (the “fares”). You are not guaranteed that you will connect with any Guests or arrange any rides through the SJG Platform and See Jane Go does not guarantee you will receive any fares. The amount of the fares paid by Guests is dependent on many factors including drive time, mileage, tolls, bridges, ferries and promotional codes. You will receive fares from Guests for each ride, any tips a Guest chooses to give you, and any cancellation fees that may be charged to a Guest who cancels a ride you have accepted. Fares, tips and cancellation fees, as applicable, will be collected from the Guest and remitted directly to you by the then-current payment processor for the SJG Platform. In order to receive these payments from Guests, you will need to establish a merchant account with the then-current payment processor for the SJG Platform (“payment processor”) and agree to the payment processor’s agreement. Click here for information on the current payment processor and to obtain contact information to contact them about establishing a merchant account. On a daily basis, the payment processor will combine individual fares, tips, and cancellation fees from Guests with which you connect through the SJG Platform, calculate the amounts to be remitted each day, and issue payments to you. You agree that the payment processor can deduct a payment processing fee and our Service Fees (described below) from the fares, tips, and cancellation fees collected from Guests with which you connect through the SJG Platform. Following issuance by the payment processor, payments generally take 2-5 business days before they are deposited in a Host’s bank account. You are not eligible to receive interest for any delayed payments. You agree that the payment processor is solely responsible for collecting fares, tips, and cancellation fees and remitting payments to you and we are not responsible or liable for any delays or errors in processing payments or any lost fares, tips, or cancellation fees.
- Service Fees. For the use of the SJG platform, you agree to pay See Jane Go a service fee for each ride with a Guest that you arrange through the SJG Platform at the then-current service fee rates listed on See Jane Go’s web site here which See Jane Go may change at any time in its sole discretion (“Service Fee”). You agree that the payment processor for the SJG Platform may deduct the Service Fee from the amounts it collects from Guests for rides you arrange through the SJG Platform and pay us before remitting fares and tips to you.
See Jane Go reserves the right to change the amount of all Service Fees and how they are calculated at any time. See Jane Go will send you notice of any changes of Service Fees through a message sent by email or text, or transmitted to you through the App. If you continue to use the SJG Platform after a Service Fee change notice, your use of the SJG Platform is your consent to the updated Service Fee.
- Termination; Suspension. You may terminate your Account by sending an e-mail to firstname.lastname@example.org, after a representative confirms your identity we will terminate the active status of your account. See Jane Go reserves the right to terminate or suspend your Account at any time and for any reason. If we terminate or suspend your Account, you may not sign up for another Account. If you or we terminate your Account, this Agreement will automatically terminate. Upon termination Sections 1, 10-17 and 20-23 of this Agreement will survive.
- Relationship of the Parties. You agree that you are not and will not be considered an employee or agent of, or partner or joint venturer with, See Jane Go. You have no authority to enter into any contract, assume any obligations or make any warranties or representations on behalf of See Jane Go. In addition, in any communication, whether oral or written, you must not hold yourself out or otherwise represent yourself as an employee, officer, representative or agent of or partner or venturer with See Jane Go.
You are responsible for all expenses you incur, including mileage, vehicle maintenance, fuel, data charges, and your mobile device, and you must provide all equipment necessary to use the SJG Platform. You are not entitled to receive any benefit from any benefit plan that may be available to employees of See Jane Go, such as health, disability or life insurance, paid time off, sick leave, retirement funds, or workers compensation insurance. To the fullest extent allowed by law, you hereby waive any right you may subsequently have to any of those benefits if your status is characterized in a way that would otherwise entitle you to them.
You are solely responsible for filing all necessary state and federal tax returns, paying all income, self-employment, excise, or other taxes and state and federal contributions arising from the payments you receive from Guests or your use of the SJG Platform. You are encouraged to consult with a tax advisor regarding your tax obligations from the services you provide using the SJG Platform.
You will determine where and when you will use the SJG Platform. You may also determine to which Guests you will provide services provided that you comply with all applicable laws. You may provide services to other companies and may use other transportation technology platforms so long as you do not display the See Jane Go Emblem when doing so or otherwise breach the terms of this Agreement or any other agreement or policy with See Jane Go.
- You may have access to trade secrets and other Confidential Information (as defined below) of See Jane Go. For purposes of this Agreement, “Confidential Information” includes but is not limited to all trade secrets, inventions, designs, know-how, software, models, specifications, blueprints, transparencies, test data, mechanical, electronic or optic devices, prototype models, specimens, the whole or any portion or any phase of any scientific, technical, or business information, processes, photographs, procedures, formulas, any future plans, customer and supplier lists and contacts, market studies, cost and price studies, and additions, modifications, and improvements thereon, and any other subject matter that is not available to the general public in substantially identical form without restriction. Confidential Information will for all time and for all purposes be regarded as strictly confidential and held by you in trust. You will not use or disclose Confidential Information to any other person, firm, corporation, company, or entity now or at any time in the future unless See Jane Go instructs you to do so in writing.
- Injunctive Relief. You and See Jane Go agree that you each would suffer irreparable harm, for which there would not be an adequate remedy at law, for any breach of Section 11. In the event of any breach or threatened breach of Section 11, or in the event See Jane Go terminates or suspends your Account, you and See Jane Go may seek immediate restraining orders and injunctive relief in state or federal court in California, pending resolution of any issues in arbitration, including any other remedies available at law or in equity.
- Host Representations and Warranties. As a condition of your use of the SJG Platform as a Host, you represent, covenant, and warrant that:
- You will comply with all applicable local, state and federal laws and regulations, including all laws and regulations related to your use of the SJG Platform, providing rides to Guests, and the operation of a motor vehicle.
- You are 21 years of age or older and have the ability and competence to agree to the terms and conditions of this Agreement.
iii. You have or will obtain all necessary licenses in connection with your use of the SJG Platform and provision of rides to Guests and all of those licenses will remain in full force and effect while you have an Account.
- You have all authorizations required to lawfully use the SJG Platform and provide rides to Guests, including any and all required authorizations under immigration law, and those authorizations will remain in full force and effect while you have an Account.
- You have, and will maintain at all times you have an Account, adequate insurance coverage sufficient to meet applicable legal requirements and to cover any liability that may arise out of your use of the SJG Platform or provision of rides to Guests.
- You own, or have the legal right to operate, the vehicle you use when providing rides to Guests, and the vehicle complies with the vehicle eligibility requirements in this Agreement and in the Vehicle Inspection Policy. You will only provide services to Guests using a vehicle approved by See Jane Go.
viii. You will not engage in any prohibited activity as described in this Agreement and in See Jane Go’s Additional Prohibited Activities Policy (located at https://seejanego.co/additional-prohibited-activities/)
- In the event of an accident, you will comply with all local, state and federal regulations including automobile insurance requirements, accident reporting (including to the DMV and your insurance carrier), and accident investigation compliance, and will report any such accidents to See Jane Go as required by its insurance carrier.
- Limitation of Liability. You are solely responsible for all liability arising from your use of the SJG Platform and provision of services to Guests. In no event will See Jane Go be liable for any claims or losses arising from your use of the SJG Platform or provision of services to Guests including loss of license, loss of wages, property damage, personal injury and death and even if they arise from an automobile accident when you are providing a ride to a Guest. In the event you are in a moving or correctable violation, you will be financially responsible for all penalties or fines arising from the violation. See Jane Go is not responsible for any damage to your or any Guest’s personal property.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEE JANE GO, ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SJG PLATFORM INCLUDING TO PROVIDE SERVICES TO GUESTS, EVEN IF SEE JANE GO OR ANY OF ITS EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain damage limitations such as the limitation of loss or liability from intentional acts (including fraud, fraudulent misrepresentation and failure to disclose defects), or for death or personal injury. Nothing in this Agreement will be interpreted as excluding liability that cannot be excluded under applicable law. If you live or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and you may have additional rights.
- Disclaimer of Warranties. SEE JANE GO DOES NOT MAKE ANY AND DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SJG PLATFORM, INCLUDING ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, SEE JANE GO HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SJG PLATFORM WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; WILL BE COMPATIBLE WITH YOUR DEVICES; WILL BE ERROR FREE OR FREE FROM VIRUSES, WORMS OR OTHER HARMFUL OR MALICIOUS COMPONENTS; WILL PROVIDE SAFETY, PRIVACY OR SECURITY; OR WILL PREVENT OR MINIMIZE THEFT, PROPERTY DAMAGE OR INJURY. In no way limiting the foregoing, See Jane Go specifically disclaims the following:
See Jane Go does not guarantee any outcomes that result from the use of the SJG Platform, including the number of rides, compensation and customer interactions.
See Jane Go does not guarantee the accuracy of the GPS function and locations on the SJG Platform, including travel time, road construction and pick-up points.
While the SJG Platform provides the five-star rating system and favorite button to enable Hosts to find highly-rated Guests, See Jane Go does not guarantee that you will ever be matched with a favorite Guest.
Five-star ratings are provided by Guests, and See Jane Go does not have control over your five-star rating or guarantee it is accurate.
See Jane Go cannot guarantee the identity, objective or purpose of a Guest. Though we may provide features and functionality design to make pick-ups safer and tips on how to make pick-ups safer, we do not guarantee your safety.
See Jane Go is not responsible for communications made with the use of the SJG Platform or information provided to you by any contractor of See Jane Go, including business advice, driver tips and opinions.
- You agree to indemnify, defend and hold harmless See Jane Go and its past, present and future affiliates, and each of their directors, officers, and employees from and against all past, present and future claims arising out of or related to (i) your access or use of the SJG Platform including any rides you accept using the SJG Platform; (ii) your failure to comply with any law, rule, or regulation; (iii) your failure to comply with any provision of this Agreement or any other agreement or policy of See Jane Go; (iv) any claims arising from an assertion that you are an employee of See Jane Go; or (v) any claims related to fare or wage payments, social security payments, payroll taxes, workers’ compensation or other withholdings and contributions arising from the performance of your services for Guests or use of the SJG Platform.
- See Jane Go may give you all required notices (including legal process) by any lawful method, including by posting notices in the SJG Platform, sending a text message to any phone number you provide to See Jane Go, or by sending it to any email address that you provide to See Jane Go. You agree to send See Jane Go notices by mailing them to the following address: 23046 Avenida de la Carlota, suite 150, Laguna Hills, CA, 92653 or by email to the following email address:email@example.com.
- State and Local Disclosures. Some jurisdictions require that we make additional disclosures to you. You can review any disclosures required by your state or local jurisdiction at (https://www.seejanego.co/state-and-local)
- See Jane Go reserves the right to change the terms of this Agreement at any time upon notice to you. You agree to periodically review the terms of this Agreement for changes and you can review the most current Agreement at any time at https://seejanego.co/host-terms/ . See Jane Go will provide notice of material changes in accordance with Section 17. Any modifications to this Agreement are binding on you as of the effective date indicated in our notice. Your continued use of the SJG Platform after the effective date indicates your acceptance of the updated Agreement, even if you have not reviewed it. If, at any time, you do not agree to the terms of this Agreement, including any updates to this Agreement, you must cancel your Account and stop using this SJG Platform.
- Governing Law. Except the arbitration provisions contained in Section 23 of this Agreement which is governed by the Federal Arbitration Act, this Agreement is governed by the laws of the State of California, without reference to its conflict of laws provisions. Section 23, any arbitration proceedings held pursuant to this Section 23, and any other proceedings concerning arbitration under this Agreement are expressly subject to and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. section 201 et seq. (the “Convention”), if the Convention is applicable.
- If any provision of this Agreement is determined to be illegal, invalid, unconscionable or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. You and See Jane Go intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, you and See Jane Go agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.
- Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely. See Jane Go may assign this Agreement, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, in the SJG Platform, or under this Agreement. If, at any time, See Jane Go fails to respond to a breach of this Agreement by you or others, that failure will not waive See Jane Go’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on See Jane Go if it is in writing and signed by See Jane Go. This Agreement (including Additional Terms and any referenced terms or policies) constitute the entire agreement between you and See Jane Go with respect to your Account and the SJG Platform. You warrant that, in entering into this Agreement, you have not relied on nor will you have any right or remedy based upon any statement, representation, warranty or assurance other than those expressly stated in this Agreement. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and See Jane Go, or See Jane Go’s successors and permitted assigns, will have any right to enforce this Agreement.
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You and See Jane Go agree that, unless you opt out from arbitration in accordance with this Section, any “Covered Dispute” (defined below), will be settled by binding individual arbitration, except as provided below. You and See Jane Go agree to waive any right to have any Covered Disputes heard or decided through any type of representative action (including class actions; class arbitrations; collective actions; collective arbitrations; coordinated or consolidated arbitrations, actions, or proceedings; or Private Attorney General Act representative actions or arbitrations, if allowed under law).
- Individual Arbitration of Covered Disputes. You and See Jane Go agree to submit certain types of disputes to binding arbitration. Binding arbitration is a form of dispute resolution, which resolves a dispute outside of court with no jury trial. Any claim, controversy or dispute you may have with See Jane Go or any of its past, present or future employees, agents, directors, trustees or shareholders, or which See Jane Go may have with you, arising from or relating to this Agreement, your use of the SJG Platform, your provision of services to Guests utilizing the SJG Platform, or the relationship between you and See Jane Go (collectively “Covered Disputes”) will be finally settled by binding individual arbitration. You and See Jane Go agree to waive any right to have Covered Disputes heard or decided through any type of court, judge or jury trial.
Covered Disputes include employment-related claims, regardless of the characterization of your work or classification, including any claims related to the classification of your relationship with See Jane Go, claims arising in tort, contract or common law, claims arising under any federal, state or local employment-related statutes or ordinances including claims for discrimination, harassment or retaliation, and claims related to wages, compensation, hours, meal and rest breaks, business expenses and statutory penalties.
- Waiver of Class or Representative Actions. You and See Jane Go also agree that any Covered Disputes can only be resolved through mandatory individual final and binding arbitration between you and See Jane Go, except as provided in this Section 23. You and See Jane Go waive any right to have any Covered Disputes heard or decided through any type of class, collective or other representative action, except to the extent actions under the Private Attorneys General Act of 2004, Cal. Labor Code § 2698, et seq. (“PAGA”) are excluded as a matter of law (including class actions, class arbitrations, collective actions, collective arbitrations, or coordinated or consolidated arbitrations, actions or proceedings). There are no representative non-PAGA actions of any type permitted under this Agreement. This Agreement expressly prohibits any arbitration from proceeding as a class, collective or representative action, and any Covered Disputes must be brought solely in the claimant’s individual capacity. Under no circumstances will class, collective or representative claims covered by this Section 23 proceed in arbitration.
- Excluded Disputes. The following are “Excluded Disputes,” not subject to this Section 23: (a) claims for workers’ compensation benefits under state law; (b) claims for unemployment insurance benefits or state disability insurance benefits under government-administered programs; (c) claims within the jurisdiction of the National Labor Relations Board, the Equal Employment Opportunity Commission or other local, state or federal government agencies; (d) PAGA claims to the extent they are excluded from mandatory arbitration provisions as a matter of law; and (e) claims for temporary equitable relief, pending resolution of any issues in arbitration, as provided in Section 12 of this Agreement.
- Right to File in Small Claims Court. Notwithstanding the mandatory arbitration provisions of this Section, any Covered Disputes that are within the jurisdiction of a Small Claims Court may, at the option of the party asserting the Covered Dispute(s), be resolved in a Small Claims Court proceeding having jurisdiction over the matter instead of in an arbitration proceeding with an arbitrator, but not as any type of representative action. This provision is not intended to be nor shall it be construed as a waiver of the parties’ mutual expectation that Covered Disputes will be submitted to individual arbitration.
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- Option To Not Be Bound By Arbitration AGREEMENT. Not later than the 45th calendar day after the date you REGISTER TO BECOME A HOST and ENter into this Agreement (the “OPT OUT Deadline”), you can elect to OPT OUT OF this AGREEMENT TO ARBITRATE IN THIS SECTION 23 by giving SEE jane go written notice of YOUR OPT OUT (an “OPT OUT Notice”). IF YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN THIS SECTION 23 NEITHER YOU NOR SEE JANE GO WILL BE BOUND BY THE TERMS OF THIS SECTION 23, BUT YOU WILL BE BOUND TO ALL OTHER PROVISIONS OF THIS AGREEMENT. SEE JANE GO WILL NOT RETALIATE AGAINST ANY INDIVIDUAL WHO OPTS OUT OF THIS AGREEMENT TO ARBITRATE.
To OPT OUT OF this AGREEMENT TO ARBITRATE, your OPT OUT Notice to See Jane Go must be in writing and DELIVERED AS SET FORTH BELOW AND must:
- state your name, mailing address, phone number and e-mail address (if any);
- state that you choose to opt out of the agreement to arbitrate Covered Disputes;
- be dated and signed; and
- be sent or delivered by you on or by the Opt Out Deadline to See Jane Go via (i) fax transmission to 949-416-8946; (ii) e-mail to: firstname.lastname@example.org; or (iii) the United States Postal Service (USPS), private courier (such as FedEx, UPS, or DHL) or hand delivery to 23046 Avenida de la Carlota, Suite 150, Laguna Hills, CA 92653.
In the event of any dispute as to whether you timely opted out, you will have the burden of proving you did so. Disputes about whether you properly or timely opted out are Covered Disputes that must be resolved in the first instance by an arbitrator pursuant to this Section 23.
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- Arbitration Rules and Procedures. The arbitration will be conducted in accordance with the terms set forth herein and the American Arbitration Association’s (“AAA’s”) then-current Commercial Arbitration Rules (but excluding AAA’s Supplemental Rules for Class Arbitration), except to the extent the provisions of the AAA Commercial Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section 23, in which case the provisions of this Section 23 will control and must be followed as written. A copy of the AAA Commercial Arbitration Rules is available at adr.org/commercial and is incorporated herein by this reference as though set forth in full. You may also obtain a copy of these rules from See Jane Go by contacting email@example.com or (949) 899-8555.
If you or See Jane Go wishes to submit a Covered Dispute to arbitration, you or See Jane Go must initiate the arbitration in accordance with the procedures specified in the AAA Commercial Arbitration Rules. To file a claim, obtain or view a copy of the AAA Commercial Arbitration Rules, or obtain information about arbitration administered by the AAA, you may contact AAA directly at:
American Arbitration Association
- Appointment of Arbitrator; No Authority to Decide Representative Action. A separate single neutral arbitrator must be selected and appointed for each individual claimant’s respective Covered Disputes. The arbitrator will be agreed upon by the parties or, if no agreement is possible, selected using the procedures for selecting and appointing an arbitrator in the AAA’s Commercial Arbitration Rules and in accordance with the FAA. In accordance with the FAA, the appointed arbitrator must interpret, apply and enforce this Section 23 as written. The appointed arbitrator will have no authority or jurisdiction to hear or decide any Covered Disputes as any type of representative action, class action, class arbitration, collective action, private attorney general action, collective arbitration, or coordinated or consolidated arbitration.
- Location of the Arbitration. The arbitrator must be located, and the Covered Disputes must be heard and decided by the arbitrator, within the county and state in which you provided services to Guests using the SJG Platform.
- Right to Adequate Discovery. You and See Jane Go have the right to conduct adequate discovery, bring dispositive motions, and present witnesses and evidence as needed to present our respective claims and defenses, as determined by the arbitrator and as required by applicable law.
- Costs of Arbitration. See Jane Go will pay for any arbitration fees that exceed the fees and costs you would incur if you were to file a Covered Dispute in court.
- Attorneys’ Fees. To the extent allowed by applicable law, the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party in any arbitration.
- Arbitrator’s Award. Subject to the other provisions of this Section 23, including the waiver of representative actions, the appointed arbitrator will be empowered to award any individual remedy at law or in equity to which either party otherwise would be entitled had the matter been litigated in court. The authority to award any remedy, however, is subject to whatever limitations on such remedies as exist under applicable law. The appointed arbitrator will have no authority or jurisdiction to issue any award that is contrary to or inconsistent with the terms and provisions of this Section 23 and the applicable laws at issue. The appointed arbitrator must issue an award in writing which must be accompanied by or include a written, reasoned statement of decision or opinion that (i) applies the facts to the law of the case; (ii) fully sets forth findings of fact from the evidence presented; (iii) fully sets forth conclusions of law based upon the parties’ respective legal theories; (iv) fully sets forth which legal theories are the bases for the award and why; (v) fully sets forth which legal theories are not a basis for the award and why; (vi) fully sets forth the arbitrator’s calculations of the types of damages and/or other monetary remedies awarded to any party, if any; and (vii) fully sets forth the factual and legal bases for any other remedies awarded to any party, if any. A judgment of any court having jurisdiction may be entered on the arbitrator’s award upon it being confirmed by that court.
- Exhaustion of Other Remedies. This Section 23 does not prevent or excuse satisfying any applicable statutory conditions precedent or jurisdictional prerequisites to pursuing any Covered Disputes by, for example, filing administrative charges with or obtaining right to sue notices or letters from federal, state or local agencies. After complying with and exhausting all those remedies, conditions, or prerequisites, final and binding arbitration in accordance with this Section 23 is the sole and exclusive remedy or formal method of resolving the Covered Disputes. Exhaustion or satisfaction of any such remedies, conditions or prerequisites must occur within any time limitations prescribed by applicable law. Any and all disputes arising out of or relating to compliance with the exhaustion of other remedies requirements of this Section 23 are Covered Disputes, which must be resolved only by the appointed arbitrator.
- No Signature Required. Your registration as a Host on the SJG Platform and use of the SJG Platform is deemed your acceptance of and agreement to be bound by all of the terms and provisions of this Section 23, subject to your right to elect to not be bound by this Section 23, as described in subsection 5 above. See Jane Go offers this Agreement and is bound by all of its terms and conditions when you accept it by clicking on the boxes indicating you agree to this Agreement and clicking the “Register” button within the SJG Platform. No signature by you or See Jane Go is required for this Section 23 to apply to Covered Disputes.
- Notwithstanding the severability clause in Section 21 above, the provisions of this Section 23 relating to the waiver of any type of non-PAGA representative, class or collective arbitration are not intended to be severable from this Section 23. If an arbitrator holds or rules that the waiver of any type of representative, class or collective arbitration is not enforceable in any material respect, any party against whom a representative, collective or class action is brought will not be required to arbitrate any Covered Disputes being pursued as any type of representative, collective or class action.
- Right to Consult with Counsel. You are advised to consult with an attorney or other advisor of your choosing concerning your rights and obligations under this Agreement, including this Section 23.