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Last updated: 9/28/2022
Please read these Terms of Service (the “Terms”) and our Privacy Policy (“PrivacyPolicy”) carefully because they govern your use of the website located at https://gethank.com/ (the “Site”) and the online scheduling and productivity services for facilitating completion of essential tasks for your loved ones, accessible via the Site offered by Calle Mayor Company d/b/a Hank (“Hank”). To make these Terms easier to read, the Site and our services are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HANK THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 (DISPUTE RESOLUTION) BELOW FOR DETAILS REGARDING ARBITRATION.
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
- Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
- Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with Hank, and not otherwise barred from using the Services under applicable law. Further, you represent and warrant that you have all required rights (including copyrights) and authority to use our Services in accordance with the Terms herein.
- Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
- Bookings and Payments.
(a) General. The Services may allow you to reserve or purchase tickets or spots to participate in activities, experiences, and events provided by us, third-party service providers, or other Hank users and the Services may facilitate certain payment transactions for you in connection with such reservations or purchases (each, a “Transaction”). You expressly authorize us (or our third-party payment processor) to charge you for each of your Transactions. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Canceling a Transaction. UNLESS SPECIFIED OTHERWISE IN THE CANCELLATION POLICY PRESENTED THROUGH THE SERVICES AT THE TIME OF YOUR TRANSACTION, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE TRANSACTION OR RECEIVE A REFUND FOR YOUR TRANSACTION AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
(c) Push Messages. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside the Services (“Push Messages”) if you opt-in to receive them. Our Privacy Policy provides information describing our data processing practices with respect to Push Messages. Please be aware that third party messaging or data fees may occur relating to these Push Messages depending on the plan you have with your wireless carrier. - Your Content.
(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. Hank does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User content available through the Services you hereby grant to Hank a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public information you authorize us to access from third parties such as Facebook, Google, or Apple, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Services or transmit to other members (collectively, “User Content”). Hank’s license to your User Content shall be non-exclusive, except that Hank’s license shall be exclusive with respect to derivative works created through use of the Services. For example, Hank would have an exclusive license to screenshots of the Services that include your User Content. In addition, so that Hank can prevent the use of your User Content outside of the Services, you authorize Hank to act on your behalf with respect to infringing uses of your User Content taken from the Services by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your User Content is taken and used by third parties outside of the Services. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new ones. You agree that any User Content you place or that you authorize us to place on the Services may be viewed by other members and may be viewed by any person visiting or participating in the Services (such as individuals who may receive shared User Content from other Hank members).
You understand and agree that we may monitor or review any User Content you post as part of the Services. We may delete any User Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Services.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
In consideration for Hank allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Hank regarding our Services, you agree that Hank may use and share such feedback for any purpose without compensating you.
You agree that Hank may access, store, and disclose your account information and User Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Hank on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) Hank’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content. - Accounts and Profiles. In order to use certain features or functionality of the Services, you may be required to create an account through the Services (“Account”). It’s important that you provide us with accurate, complete and current Account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account. Through your Account, you may be able to create a user-specific profile (“Profile”). This Profile may contain or be tied to information about you which you provide through the Services (which, for clarity, may include User Content). The Services may allow you to share your Profile, including some or all of the information therein, with other users of the Services. Such feature will be offered in Hank’s sole discretion, and if such feature is available, you may only use such feature and share your Profile in strict compliance with these Terms, the Hank Community Guidelines.
- General Prohibitions and Hank’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit, or transmit any User Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive, or contains fake or manipulated content in relation to another user or anyone else (including “deepfakes”);
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) contains unsolicited sexual content or unsolicited language that sexually objectifies another user or anyone else in a non-consensual way, or shows, includes, or refers to escort services, sex trafficking, or prostitution;
(vi) promotes hate, discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity;
(viii) promotes illegal or harmful activities or substances;
(ix) contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Services (including passwords and security questions), financial information (including bank account and credit card details), biometric data, and medical records) without that person’s express written consent;
(x) relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites, and premium line telephone numbers); or
(xi) is otherwise inconsistent with the intended use of the Services or the Hank Community Guidelines or may harm the reputation of Hank or its affiliates, partners or licensors;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Hank’s name, any Hank trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Hank’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Hank’s computer systems, or the technical delivery systems of Hank’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Hank system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hank or any of Hank’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hank or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a Hank trademark, logo URL or product name without Hank’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or the Hank Community Guidelines;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
Hank is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. - DMCA/Copyright Policy. Hank respects copyright law and expects its users to do the same. It is Hank’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Hank’s Copyright Policy at https://www.gethank.com/legal/copyright, for further information.
- Links to Third-Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources, including by your participation in activities, experiences, and events provided by third-party service providers for which you used the Services to reserve or purchase tickets or spots. We provide access only as a convenience and are not responsible for the content, products, services, activities, experiences, or events on, available, or otherwise provided by or from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources, including your participation in activities, experiences, and events provided by third-party service providers for which you used the Services to reserve or purchase tickets or spots.
- Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending us an email at support@gethank.com. Upon any termination, discontinuation, or cancellation of the Services or your Account, the following Sections will survive: 5, 7(b), 7(d), 7(e), 10, 12, 13, 14, 15, 16, 17, 18, and 19.
- Warranty Disclaimers. THE SERVICES (AND ANY ACTIVITIES, EXPERIENCES, AND EVENTS PROVIDED BY HANK) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services (and any activities, experiences, and events for which you used the Services to reserve or purchase tickets or spots) will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, availability, truthfulness, completeness or reliability of (a) any information or content on the Services or (b) any resources, activities, experiences, and events for which you used the Services to reserve or purchase tickets or spots. YOUR PARTICIPATION IN ANY RESOURCES, ACTIVITIES, EXPERIENCES, AND EVENTS DESCRIBED ON THE SERVICES IS AT YOUR OWN RISK.
- Indemnity. You will indemnify and hold Hank and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
- Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HANK NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANK OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL HANK’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO, AND THAT ARE ACTUALLY RETAINED BY (I.E., NOT PASSED ON TO A THIRD PARTY FOR YOUR BENEFIT), HANK FOR USE OF THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE INITIAL EVENT GIVING RISE TO HANK’S PURPORTED LIABILITY OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HANK, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HANK AND YOU. - Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Hank are not required to arbitrate will be the state and federal courts located in the County of New York, and you and Hank each waive any objection to jurisdiction and venue in such courts.
- Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Hank agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Hank are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 18(a) above: (i) we and you each may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we and you each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our or your (as applicable) intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we and you both agree to a different location. The parties agree that the arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) (Exceptions) above, the arbitrator will determine all issues of liability on the merits of any claim asserted by either party and 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 claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief will be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND HANK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.
(g) Severability. With the exception of any of the provisions in Section 18(f) (Class Action Waiver) above, if any part of these Terms is illegal or if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, it will be enforced to the maximum extent permissible and the other parts of these Terms will still apply in full force and effect. - General terms
(a) Reservation of Rights. Hank and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Hank and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Hank and you regarding the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Hank’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Hank may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Hank under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Hank’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hank. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. - Contact Information. If you have any questions about these Terms or the Services, please contact us at support@gethank.com.
