Terms and Conditions
Last updated: February 23, 2023
Please read the following Terms carefully. By using the Site or Platform, you agree to these Terms. If you do not agree, do not use the Site or Platform.
We may need to change these Terms or impose new conditions on the use of the Site or our Platform, from time to time, in which case we will post the revised Terms on the Site. Please check these Terms periodically to inform yourself of any changes. By continuing to use this Site and any of the Platform, you accept these Terms, including any modifications made as of the date of your use.
PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST HONOR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
If you have any questions, complaints, or claims with respect to the subject of these terms, you may contact us in writing at Honor Technology, Inc., Attn: Legal, 13323 California Street, Omaha, NE 68154.
Copyright and Trademarks
This Site and the Platform contain material which is the property of Honor, and which is protected by United States and international copyright, trademark and other intellectual property laws. All content posted on this Site or on our Platform is the sole and exclusive property of Honor. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from our Site or Platform, including code and software underlying our Site or Platform. Any unauthorized use of content terminates the foregoing license rights.
Third Party Vendor Access
Honor Alerts Terms of Service
Honor Alerts is the short-code alerts service (“Honor Alerts Service”) that is opted into by Honor Care Professionals (“Care Pro”) upon hire by a subsidiary of Honor Technology, Inc. for the purposes of emergency communications.
- When a Care Pro opts-in to the short-code Honor Alerts Service, Honor will send the Care Pro an SMS message to confirm the Care Pro’s signup.
- If a Care Pro reaches out to Honor asking how to unsubscribe or stop receiving messages from the Honor Alerts Service (in the process of quitting their job), Honor will inform the Care Pro to text "STOP" to 91889. Honor will inform the Care Pro that after they have sent the SMS message "STOP" to 91889, the Care Pro should receive an SMS message to confirm that the Care Pro has been unsubscribed.
- If a Care Pro inquires about what keywords are supported, Honor will instruct them to text "HELP" to 91889 to receive keyword information by text message.
- Honor Alerts Service delivers messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Indigo Wireless, Aerialink, Altice Mobile, ASTAC, Atlantic Tele-Network International (ATNI), bandwidth.com (includes Republic Wireless), Blue Wireless, Brightlink, MetroPCS, United States Cellular Corp, Boost Mobile, Virgin Mobile, Alaska Communications Systems (ACS), East Kentucky Network (Appalachian Wireless), Bluegrass Cellular, Carolina West Wireless, Cellcom, C Spire Wireless (aka Cellular South), Cellular One of N.E. Arizona, Chariton Valley Cellular, Chat Mobility, Copper Valley Telecom, Cordova, Cross Wireless, Digital Communications Consulting, Duet Wireless, Enflick, GCI, Google Voice, Illinois Valley Cellular, Inland Cellular, Inteliquent, James Valley Cellular (JVC), Limitless Mobile, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nemont CDMA, Nemont US UMTS, Nex-Tech Communications, Northwest Missouri Cellular, Panhandle Wireless, Pine Belt, Pine Cellular, Pioneer Cellular, Rural Independent Network Alliance (RINA), Shelcomm, SouthernLINC, Standing Rock Telecom, Telnyx, TextMe, Thumb Cellular, Truphone, Union Telephone, United Wireless, Viaero Wireless, and West Central Wireless (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
- If a Care Pro inquires about message and data rates for subscribing to the Honor Alerts Service, Honor will inform them that message and data rates may apply for any messages sent to the Care Pro from Honor, and vice versa, but for more details on the impact to their wireless plan, they should contact their wireless provider. For all questions about the Honor Alerts Service, the Care Pro can send an email to Honor Care Pro HR at firstname.lastname@example.org or call 415-300-1347.
To use certain features of the Site or Platform, you may be required to download our application and/or create an account. You agree: (a) to provide true, accurate, current and complete information about yourself as prompted by Site or Platform;(b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete; and (c) that you are older than 13 years old.
You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Honor in its sole discretion, deems offensive or inappropriate. Honor has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete.
Limitations on Use
You may not, without express prior written permission, do any of the following while accessing or using the Site or Platform: (i) tamper with, or use non-public areas of the Site, Platform, or the computer or delivery systems of Honor and/or its affiliates, subsidiaries or service providers; (ii) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site or Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Honor (and only pursuant to those terms and conditions); (iv) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform; (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents; (vi) use the Site or Platform to send altered, deceptive, or false source-identifying information;(vi) post obscene or inappropriate material; (vii) transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Platform or any of Honor’s software, hardware or equipment; (viii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation; (ix) interfere with, or disrupt, (or attempt to do so), the Site, Platform or network, including, without limitation, by sending a virus to, spamming, or overloading the Site or Platform, or by scripted use of the Site or Platform in such a manner as to interfere with or create an undue burden on the Site or Platform; (x) impersonate any person or entity; (xi) violate any law, statute, rule, permit, ordinance or regulation; (xii) interact with the Platform in a fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal manner; (xiii) use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (xiv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform; or (xv) “frame” or “mirror” any part of the Platform or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose.
You must also comply with any applicable third party terms of agreement when using the Platform.
These Terms may be terminated by User, without cause, upon seven (7) days’ prior written notice to Honor. In addition, Honor may cancel, suspend or terminate your right to use the Site or Platform or a portion thereof at any time without notice, where permitted by law and the terms of any client service agreement related to Honor's in-home care services. In the event of suspension, or termination, you are no longer authorized to access the part of the Site or Platform affected by such cancellation, suspension or termination.
The limitations imposed on you with respect to use of data or materials accessed on the Site or Platform, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive your discontinued use of the Site or Platform. The agreement to Binding Arbitration Between You and Honor will survive any termination of theseTerms or use of the Site or Platform.
THE SITE AND PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HONOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HONOR DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR PLATFORM, OR THE SERVERS THAT MAKE THE SITE AND PLATFORM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Honor shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this Site or Platform.
Application End User Terms
This section applies to any version of the Platform applications that you acquire from the Apple App Store. Under these Terms, you are granted a non-transferable license to use Honor’s applications on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that Honor’s applications may be accessed and used by other accounts associated with the yours via Family Sharing or volume purchasing.
These Terms are an agreement entered into between you and Honor. Apple, Inc. (“Apple”) is not a party to such agreement and shall have no obligations with respect to the Platform. Honor, not Apple, is solely responsible for the Platform, the content of the Platform, the Platform’s compliance with applicable law, and any maintenance and support services. In the event of any third party claim that the Platform or the your possession and use of the Platform infringes that third party’s intellectual property rights, Honor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
However, Apple and Apple’s subsidiaries are third-party beneficiaries of this section of the Terms as well as all disclaimers and limitations of liability. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, under which you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms shall control.
As an “end-user,” you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Limitation of Liability
Under no circumstances shall Honor, its subsidiaries, affiliates, agents, employees, directors, shareholders, or officers be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site or Platform, or the content, services, or hyperlinks made available on the Site or Platform even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Honor is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Site or Platform or for the conduct of any third-party user of the Site or Platform. If you are dissatisfied with the Site or any Platform, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the Site and/or Platform. You agree to indemnify, defend and hold harmless Honor and its officers, directors, employees, agents, and shareholders from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using this Site or Platform, or your infringement of the intellectual property rights of Honor or any third party content provider of the Site or Platform.
These Terms, along with any written agreements you may have with Honor, set forth the entire understanding and agreement between you and Honor with respect to your use and access to the Site and PlatformSuch written agreements you may have with Honor, include but are not limited to: (i) client service agreement related to Honor's in-home care services; (ii) Honor Care Network or Home Instead franchise service agreement with Honor Technology, Inc.; or (iii) employee offer letter (including all Exhibits and attachments), employee handbook, employee policies and procedures, and terms and conditions of employment.
Agreement to Binding Arbitration Between You and Honor
This section on Agreement to Binding Arbitration Between You and Honor will not apply to or supersede any existing arbitration agreement that Honor employees have signed as a condition of employment, or other individuals have previously opted-in to, with Honor.
Optional Pre-Arbitration Negotiation.
In the event of any dispute, claim, question or disagreement arising from or relating to these Terms or the breach thereof, you and Honor may agree to attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days before initiating any arbitration or proceeding. This time period may also be mutually extended by you and Honor. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must: (1) describe the nature and basis of the dispute, claim, question or disagreement; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Agreement to Binding Arbitration.
YOU AND HONOR MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”). The parties understand and agree that Honor is engaged in transactions involving interstate commerce and that Your use of Honor’s services, Site or Platform and, any Agreements with Honor, evidences a transaction involving interstate commerce. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including the Delaware Rapid Arbitration Act, Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with Honor ends. EXCEPT AS THIS AGREEMENT OTHERWISE EXPRESSLY PROVIDES, ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL.
Except as otherwise expressly provided in this Agreement, this Agreement applies to any and all disputes, past, present or future, that may arise between you and Honor. This Agreement applies to a covered dispute that Honor may have against you or that you may have against Honor, its parent companies, subsidiaries, related companies and affiliates, franchisors, successors and assigns, or their officers, directors, principals, shareholders, members, owners, employees, and managers or agents, any of which may enforce this Agreement as direct or third-party beneficiaries (each a “Claim” and collectively, “Claims”). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ON BEHALF OF OTHER INDIVIDUALS ARE NOT PERMITTED.
The Claims subject to arbitration are those that absent this Agreement could be brought under applicable law. Except as it otherwise provides, this Agreement applies, without limitation, to Claims based upon or related to the application for employment, background checks, consumer protection or privacy or security law, the employment relationship, discrimination, harassment (except for conduct that is alleged to constitute sexual harassment under applicable federal, tribal, state or local law), retaliation, defamation (including post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, emotional distress, breach of fiduciary duty, trade secrets, unfair competition, wages, minimum wage and overtime or other compensation claimed to be owed, breaks and rest periods, expense reimbursement, termination, tort Claims (except for claims of nonconsensual sexual act or sexual contact, as such terms are defined in 18 U.S.C. § 2246 or similar tribal, state or local law, including when the victim lacks capacity to consent), equitable Claims, and all statutory and common law Claims unless specifically excluded below. Except as it otherwise provides, the Agreement covers, without limitation, Claims arising under the Fair Credit Reporting Act, Defend Trade Secrets Act, the Civil Rights Act of 1964, 42 U.S.C. § 1981, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Fair Labor Standards Act, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 8 U.S.C. § 1324 (unfair immigration related practices), the Pregnancy Discrimination Act, the Equal Pay Act, the Genetic Information Non-Discrimination Act, Employee Retirement Income Security Act of 1974 (except for Claims for employee benefits under any benefit plan sponsored by Honor and: (a) covered by the Employee Retirement Income Security Act of 1974; or (b) funded by insurance), Affordable Care Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act of 1990, False Claims Act, Occupational Safety and Health Act, Consolidated Omnibus Reconciliation Act of 1985, and state statutes or regulations, if any, addressing the same or similar subject matters, and all other federal, tribal, state or local legal Claims arising out of or relating to your employment or the termination of employment. This Agreement also applies to individual Claims arising under the California Private Attorneys General Act (“PAGA”) where you claim to be representing the State of California with regard to an alleged violation of state law.
Additionally, except as provided in this Section 2 of this Agreement, you and Honor agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the scope, validity, conscionability, interpretation, applicability, or enforceability of this Agreement. Regardless of anything else in this Agreement or the AAA Rules (referenced below), any dispute relating to interpretation, applicability, enforceability or validity of the Class Action Waiver may only be determined by a court and not an arbitrator.
This Agreement does not apply to litigation between you and Honor pending in a state or federal court or arbitration as of the date of your receipt of this Agreement and in which you are a party or a member or putative member of an alleged class (“pending litigation”). If that pending litigation is subject to an agreement to arbitrate between you and Honor, that agreement will remain in full force and effect to that extent. The Agreement also does not apply to Claims for worker’s compensation benefits, state disability insurance benefits and unemployment insurance benefits; however, this Agreement applies to retaliation Claims based upon seeking such benefits, such as Claims for worker’s compensation retaliation. As stated above, this Agreement does not require arbitration of individual Claims of sexual assault or sexual harassment. Honor’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Agreement (including without limitation the waiver of class actions and non-individualized relief, or representative PAGA Waiver), or the enforceability of this Agreement as to any other dispute, claim or controversy.
Nothing contained in this Agreement shall be construed to prevent or excuse you (individually or in concert with others) or Honor from utilizing Honor’s existing internal procedures for resolution of complaints, and this Agreement is not intended to be a substitute for the utilization of such procedures. In addition, either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
Nothing in this Agreement prevents you from making a report to or filing a Claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, Occupational Health and Safety Administration or the Office of Federal Contract Compliance Programs, or similar local, state or federal agency. Nothing in this Agreement prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Agreement. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing in this Agreement prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a Claim in arbitration. Honor will not retaliate against you for filing a Claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. This Agreement does not apply to any Claim that an applicable federal statute states cannot be arbitrated or subject to a pre-dispute arbitration agreement (for example, this Agreement does not apply to sexual assault disputes or sexual harassment disputes as those terms are defined in Chapter 4 of the FAA (9 U.S.C. § 401 et seq.)).
Arbitration conducted under this Agreement is not confidential. We understand and agree that nothing contained in this Agreement prohibits the disclosure of information related to any arbitration, and expressly agree that nothing in this Agreement may be construed to invalidate this Agreement or any portion thereof based on laws or regulations that render contracts void or unenforceable if they provide for a dispute resolution process that is confidential.
Class Action and Non-Individualized Relief Waiver
YOU UNDERSTAND AND AGREE THAT YOU AND HONOR MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND HONOR ARE BOTH WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST HONOR, WHICH ARE ADDRESSED SEPARATELY IN THE SECTION ON “REPRESENTATIVE PAGA WAIVER.”
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator.
In any case in which: (i) the dispute is filed as a class, collective, or representative action; and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief); then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (i) you and Honor agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (ii) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Honor agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
The parties will proceed to arbitration before a single arbitrator and in accordance with the then current American Arbitration Association (“AAA”) Employment Arbitration Rules (“AAA Rules”) (the AAA Rules may be found at www.adr.org or by searching for “AAA Employment Arbitration Rules” using a service such as www.Google.com), provided, however, that if there is a conflict between the AAA Rules and this Agreement, this Agreement will govern. Unless the parties mutually agree otherwise, the Arbitrator will be either an attorney experienced in applicable law and licensed to practice law in the state in which the arbitration is convened or a retired state or federal judge who presided in the same state where the arbitration will be held. The AAA will give each party a list of eleven (11) arbitrators drawn from its panel of arbitrators. Ten days after AAA’s transmission of the list of neutrals, AAA will convene a telephone conference and the parties will strike names alternately from the list of common names until only one remains. The party who strikes first will be determined by a coin toss. The person that remains will be designated as the Arbitrator. If for any reason, the individual selected cannot serve, AAA will issue another list of eleven (11) arbitrators and repeat the alternate striking selection process. If for any reason the AAA will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted to appoint a neutral Arbitrator.
Location and Manner of Arbitration.
Unless you and Honor agree otherwise, any arbitration hearings will be conducted in the county where you reside. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
Rules/Standards Governing the Arbitration.
The Arbitrator may award any remedy to which a party is entitled under applicable law, but remedies are limited to those that would be available to a party in his or her individual capacity in a court of law for the Claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual under applicable law will be forfeited by this Agreement. Each party can take the deposition of one individual witness and any expert witness designated by another party. Each party also has the right to make requests for production of documents to any party. The parties can jointly agree to more discovery, and either party can ask the Arbitrator to order more discovery. Each party will also have the right to subpoena witnesses and documents for the arbitration, including documents relevant to the case from third parties. At least thirty (30) days before the final hearing, the parties must exchange a list of witnesses, excerpts of depositions to be introduced, and copies of all exhibits to be used.
The Arbitrator has the authority to hear and rule on pre-hearing disputes. The Arbitrator will have the authority to hear and decide a motion to dismiss and/or a motion for summary judgment by any party, consistent with Rule 12 or Rule 56 of the Federal Rules of Civil Procedure. The Arbitrator will issue a written decision or award, stating the essential findings of fact and conclusions of law. A court of competent jurisdiction will have the authority to enter judgment upon the Arbitrator’s decision/award.
Honor will pay the Arbitrator’s and arbitration fees and costs, except for the filing fee as required by the AAA. If you are financially unable to pay a filing fee, Honor will pay the filing fee, and you will be relieved of the obligation to pay the filing fee. Disputes regarding the apportionment of fees will be decided by the Arbitrator. Each party will pay for its own costs and attorneys’ fees, if any, but if any party prevails on a claim which affords the prevailing party costs or attorneys’ fees, the Arbitrator may award costs and fees to the prevailing party as provided by law.
You and Honor agree that the mutual obligations by you and Honor to arbitrate disputes provide adequate consideration for this Agreement.
If any portion of this Agreement is deemed invalid, void, voidable or otherwise unenforceable, the unenforceable provision will be severed from the Agreement and the remainder of the Agreement will be enforceable. This Agreement will survive the termination of your relationship with Honor and the expiration of any benefit.
Neither these Terms, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties.