Welcome to Hands on Heal. Hands on Heal is an online platform that connects massage therapists, beauty, skincare, facial, and nail professionals with individuals or businesses seeking to purchase and/or receive “on-demand” services. Users are matched with independent providers for the requested services. Hands on Heal does not provide these services directly, and service providers are not employees or contracted by Hands on Heal. For any service-related inquiries, please consult the respective local provider.
These Terms constitute a legally binding contract.
1. Agreement Details
1.1 THIS AGREEMENT (“AGREEMENT” OR THE “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND HANDS ON HEAL, INC. (HEREINAFTER “HANDS ON HEAL,” “WE”, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF https://handsonheal.com AND ANY OTHER WEBSITE OWNED AND OPERATED BY HANDS ON HEAL (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY HANDS ON HEAL SOFTWARE, INCLUDING ANY HANDS ON HEAL MOBILE APPLICATIONS (THE “APP(S)”) OR ANY SERVICES OFFERED OR ARRANGED BY HANDS ON HEAL, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME (COLLECTIVELY, THE WEBSITE(S), APP(S), AND SERVICES ARE REFERRED TO AS “SERVICE(S)”).
1.2 IF YOU ARE A UNITED STATES RESIDENT, YOU MAY SUBSCRIBE TO Hands on Heal Pass ON A MONTHLY BASIS. AS A Hands on Heal Pass MEMBER, YOU WILL HAVE THE OPPORTUNITY TO SAVE ON PRICING FOR ALL HANDS ON HEAL SERVICES, INCLUDING MASSAGES, SKINCARE, BEAUTY, NAILS, AND HAIR. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF ONE MONTH AT HANDS ON HEAL’S THEN-CURRENT SUBSCRIPTION FEES FOR SUCH SERVICES, UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS HEREIN. MEMBERS OF HANDS ON HEAL PLUS WILL AUTOMATICALLY BE CONVERTED TO Hands on Heal Pass MEMBERSHIP WITH MONTHLY BILLING (AND COMMENCEMENT OF POINTS) TO OCCUR AT THE END OF THE PRIOR HANDS ON HEAL PLUS MEMBERSHIP BILLING CYCLE. WE RESERVE THE RIGHT TO SUSPEND OR CANCEL YOUR Hands on Heal Pass SUBSCRIPTION AT ANY TIME FOR VIOLATION OF THESE TERMS AND CONDITIONS. WE ALSO RESERVE THE RIGHT TO MODIFY OR CANCEL THE Hands on Heal Pass SUBSCRIPTION PROGRAM AND ITS RELATED TERMS AND BENEFITS AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. Hands on Heal Pass MEMBERS WILL NOT RECEIVE DISCOUNTED PRICES ON ADD-ONS SUCH AS CBD, THERAGUN, AND HOT STONES.
1.3 Hands on Heal Pass POINTS.
All Hands on Heal Pass members will earn Points each month based on the subscription tier selected for that month. Upgrading subscription tiers for additional fees is possible at any time. Downgrading subscription tiers will commence at the start of the next monthly billing cycle. Points will automatically be deposited into your account each month as long as your membership is in good standing. Cancellation of membership or no longer being in good standing will render you unable to use your Points. Upon resubscription to membership, access to points will be restored, and new points will accumulate going forward. Points hold no cash value, are non-transferable, and cannot be redeemed for cash, gift cards, or any other cash equivalent.
1.4 Why Should You Read These Terms?
These terms establish a legally binding agreement between you and us. By accessing or using the Site, you are accepting this Agreement and agreeing to use the Services in compliance with the terms and conditions herein. Additional rules, policies, and procedures may apply to some of our Services. Your use of services offered or arranged through Hands on Heal is subject to all these terms and conditions. When additional terms apply, we will provide them for your reference. A downloadable, savable, and printable copy of this Agreement is available for your convenience.
1.5 You Confirm Your Agreement Entry
As a condition of using the Services, you confirm and warrant to us that you meet the eligibility requirements outlined in Section 4.3 and have the right, authority, and capacity to enter into this Agreement. If you are under the age of majority in your jurisdiction of residence, you confirm that you have obtained the necessary consent from your parent or legal guardian for this Agreement.
1.6 Declining to Accept These Terms
If you disagree with any provisions of this Agreement, refrain from accessing and/or using the Services.
2. Information Regarding Hands on Heal and Contact Details
2.1 Who We Are
Hands on Heal is a company registered in California, USA.
2.2 Where We Are Located
Our registered office is at 619 N Hayworth, Los Angeles, California, 90048.
2.3 How to Reach Us
Contact us by writing to us at 619 N Hayworth, Los Angeles, California, 90048, or call us at 2136449193.
2.4 Our Communication with You
We may contact you by telephone call, text message, or email to the number and/or address provided during registration or Account updates. By using our Services, you consent to us employing automatic telephone dialing equipment and related technology for these communications.
2.5 Electronic Communications
In these Terms, “writing” or “written” includes emails. By using our Services, you agree to receive notices, disclosures, agreements, terms, conditions, amendments, and other communications from Hands on Heal in electronic form. This consent indicates that such electronic communications fulfill legal requirements as if in a physical format. Your statutory rights remain unaffected.
3. Updates to the Site and Terms
3.1 We reserve the right to amend the terms and conditions of this Agreement or modify or discontinue the Services offered by Hands on Heal at any time. Changes become effective on the revised agreement’s effective date. In the event of adjustments to this Agreement, we will notify you by posting the revised agreement on the applicable website(s) or app(s) and/or by sending an email notice using the contact details you provided. Maintain up-to-date contact information for effective communication. Regularly review this Agreement for potential updates.
3.2 Prior to further use of the Services post-modifications to this Agreement, we may require explicit acknowledgment of the modified Agreement. By using any Services subsequent to the effective date of any Agreement modifications, you agree to be bound by such changes. If the updated terms are unacceptable, cease using the Services.
4. Service Description and Participation/Account Creation/Eligibility/CBD Massage/Referrals and Promotions
4.1 Service Description and Participation: Hands on Heal provides an online platform and virtual marketplace connecting massage therapists, beauty professionals, skincare specialists, facial experts, and nail technicians (collectively referred to as “Therapists”) with individuals (“Individual Clients”) or businesses (“Corporate Clients”) looking to acquire and receive on-demand services. By using our Services as a Client or Therapist, you agree to provide accurate and complete information when requested, including payment details. By making a purchase and furnishing payment information, you confirm your authorization to use the payment method and agree to pay the specified service fee. You also allow us to handle transactions, including recurring billing and obtaining updates or necessary changes to payment information. Please note that any personal data provided or collected is subject to Hands on Heal’s Privacy Policy available at Privacy Policy. As an Individual Client or Corporate Client representative, you agree to the intentional disclosure of personal information to Therapists. If you’re a Therapist, you agree to the intentional disclosure of personal information to Clients. Hands on Heal does not take responsibility for the actions, errors, or omissions of Therapists or Clients.
4.2 Account Creation: To access specific features and services, you may need to register and create an account (“Account”). You are responsible for all activity on your Account and must maintain the security of your password and user identification. Notify Hands on Heal immediately of any unauthorized account access. You can delete your Account at any time by contacting Hands on Heal at 2136449193.
4.3 Eligibility: Individuals under 13 cannot provide personal information on our platform. If you are below the age of majority in your residence jurisdiction, you may use our Services only with parental or guardian consent and guidance. Make sure to review this Agreement with your parent or guardian. By using our Services, you confirm that your parent or guardian has approved this Agreement.
4.4 CBD Massage: Hands on Heal offers CBD massages using hemp-derived products with less than 0.3% THC, ensuring non-intoxicating experiences. These CBD products are not meant for diagnosing, curing, treating, or preventing diseases. They are also not FDA-approved. Clients are responsible for ensuring compliance with laws and regulations regarding hemp-derived products in their jurisdiction. Orders for CBD products or CBD massages must adhere to US laws and laws of the international jurisdiction of use or shipment.
4.5 Referral Rewards: Hands on Heal may provide promotional rewards for referring new users, denominated in service credits or discounts on future services as decided by Hands on Heal. These rewards are promotional, non-transferable for cash or equivalents, and may expire. There are limits on the total value of rewards you can earn. Once the maximum is reached, further accrual stops until used.
4.6 Promotional Codes: Hands on Heal may issue Promo Codes redeemable for credits or benefits related to the Services. Promo Codes can only be used once per person and must be used lawfully and as intended. They are not for sale or transfer and may expire. Hands on Heal reserves the right to modify or disable Promo Codes without liability. Benefits obtained through Promo Codes may be withheld or deducted if fraudulent or in violation of terms.
4.7 Reservation of Rights: Hands on Heal can withhold or deduct benefits from Promo Codes used inappropriately. Once a Promo Code is redeemed, no further promotional value will be given, even if dissatisfied with Services.
4.8 Promotional Discounts: Hands on Heal may offer promotional discounts on series purchases or other transactions. These discounts are nontransferable, nonrefundable, and not redeemable for cash. They may have expiry dates and additional terms specific to each promotional offer.
5. Gift Cards
For specific terms relating to Hands on Heal Gift Cards, visit https://handsonheal.com/gift-card
6. Responsible Usage
6.1 You bear the responsibility for your utilization of the Services and any Service usage tied to your Account. Our objective is to foster a positive and enriching experience for all users in connection with our Services. In line with this objective, certain types of conduct detrimental to other users or Hands on Heal are strictly prohibited.
6.2 If you are either a Therapist or Client, you are in agreement not to directly contact each other to discuss or make arrangements for the provision of related products or services outside of the Services within a six-month period from your last use of the Services unless explicitly permitted by this Agreement or Hands on Heal in written form.
6.3 By utilizing the Services, you undertake the following:
(a) Abide by all terms of this Agreement and any Hands on Heal regulations concerning service utilization.
(b) Observe all relevant laws and regulations.
(c) Honor all agreements made with third parties.
(d) Refrain from violating, infringing upon, or appropriating Hands on Heal’s or any third party’s intellectual property, privacy, publicity, or other legal rights.
(e) Avoid engaging in conduct deemed abusive, harassing, indecent, profane, obscene, hateful, or otherwise objectionable by Hands on Heal, including sexual misconduct or innuendo.
(f) Do not stalk, harass, or cause harm to any individual.
(g) Refrain from creating a false identity of the sender or origin of a message for the purpose of misleading others, forging headers, or manipulating identifiers to conceal the source of any transmitted material through the Services or relating to Hands on Heal.
(h) Do not impersonate any individual or entity or partake in any fraudulent activity.
(i) Do not gather or store information, including personally identifiable information, about other Service users, including email addresses, without their explicit consent, or modify transmission data.
(j) Do not collect, distribute, or compile personal or aggregate information, such as internet, email, or other electronic addresses, concerning Hands on Heal’s clients or other users.
(k) Refrain from uploading, posting, emailing, or transmitting any unauthorized or unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic communication.
(l) Do not attempt to scrape or crawl any website pages or content within the Websites or Apps, except as permitted by Hands on Heal. Hands on Heal may allow public search engine operators to use spiders for indexing website materials to create publicly accessible searchable material; however, Hands on Heal reserves the right to revoke such exceptions generally or in specific cases.
(m) Do not try to circumvent any technological measures implemented by Hands on Heal or its providers, or any other third party, to protect the Websites or Apps. Where permitted by applicable law, do not attempt to decipher, decompile, disassemble, or reverse engineer the software utilized to offer the Websites or Apps.
(n) Do not advocate, encourage, or aid any third party in engaging in any of the aforementioned behaviors.
Safety Acknowledgement
7. Safety and Health Advisory
7.1 For individuals who are pregnant, nursing, under medication, have allergies, or possess any medical conditions, Hands on Heal strongly recommends consulting with a physician before scheduling a CBD massage. In case of any medical issues or suspicions, promptly seek guidance from your healthcare provider or doctor.
8. License for Mobile Application Use
8.1 Subject to the stipulations of this Agreement, should you opt to download the App, the following conditions apply: Hands on Heal provides you with a license to download, install, and use a copy of the App on a single mobile device or computer that you own or control exclusively for personal and professional purposes. This license is:
(a) Subject to revocation – Hands on Heal possesses the right to withdraw your App usage privileges as per these Terms.
(b) Non-exclusive – Other individuals can access and utilize the App.
(c) Non-transferable – You are prohibited from transferring this right to another party or sub-licensing the license. (d) Limited – The license does not extend beyond the scope described above.
8.2 Additionally, in relation to any App accessed via or downloaded from an App Store like Google Play or the Apple App Store (referred to as an “App Store Sourced Application”), you may only use the App Store Sourced Application:
(1) on a device running the intended operating system, and
(2) in compliance with the “Usage Rules” specified in the respective App Store. Usage of the App from a third-party App Store is also subject to the provisions detailed in Section 14.
9. Purchases, Payments, Cancellation and Rescheduling
9.1 Pricing and Fees. In addition to the Services, we provide certain products for sale on our Website through our affiliate, Hands on Heal Merchandise Inc. If you wish to purchase any products or services through the Website (“Products”), you will be required to supply certain information applicable to your purchase, including payment, billing, contact, and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARDS OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your Account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. The price of the product or service will be the price indicated on the order pages when you placed your order, subject to any future adjustments of our prices. We use our best efforts to ensure that the price and payment terms advised to you are correct. However, please see Section 9.9 for what happens if we discover an error in the price of your order. All payments, including with respect to cancelled Services or returned Products, shall be subject to the terms set forth in Section 4.1 above and Section 9.10 below. Each Client acknowledges and agrees that Hands on Heal reserves the right, in its sole discretion, to charge Client for and collect fees from the Client. Further, as a Client, you may elect to tip your Therapist. You acknowledge that Hands on Heal does not determine or mandate any such tip or gratuity amount and you hereby agree to pay the amount you authorize as a tip for your Therapist. We reserve the right to change the price of memberships, appointments, add-ons and appointment extensions at any time.
9.2 Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any Products are subject to change without notice, and our current prices can be found on the Website. Pricing of products or services may vary by location based on the zip code area you identify as your zip code at the time of enrollment. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Products on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product; to honor, cancel or impose conditions or limitations on the honoring of, any coupon, coupon code, promotional code, referral credit or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product or service.
9.3 When you must pay and how you must pay. You agree to pay all charges incurred by you or any users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Clients must provide Hands on Heal with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or another payment or financial mechanism specified by Hands on Heal (“Payment Provider”) as a condition to making any payments. Therapists must support the use of the Payment Providers and provide Hands on Heal with valid bank account information (e.g. account and routing number) as a condition to receiving any payments. The Client’s Payment Provider agreement governs its use of the designated credit or debit card or other payment mechanism, and the Client should refer to that agreement and not this Agreement to determine its rights and liabilities. Hands on Heal uses Stripe as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for the Services, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy/ and hereby consent and authorize us and Stripe to share any information and payment instructions you provide with Payment Provider(s) to the minimum extent required to complete your transactions. All information that you provide to us or our third party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. While you may cancel your Service at any time, fees paid for our Services are nonrefundable to the maximum extent permitted by law.
9.4 Automatic Renewal. If you subscribe to Hands on Heal Pass, your monthly subscription will continue indefinitely until terminated in accordance with this Agreement. After your first month as a Hands on Heal Pass member, and again after any subsequent month until you cancel, your subscription will automatically renew on the first day following the end of such period and continue for an additional month at Hands on Heal’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription.
9.5 Massage Minutes. If you purchased a monthly Hands on Heal Plus Subscription, depending on the minute option you chose, we deposited 60, 90, or 120 massage minutes (“Hands on Heal Plus Massage Minutes”) into your Account each month that you maintained your subscription in good standing. Hands on Heal Plus Massage Minutes are not transferable, are redeemable only for massage therapy services scheduled through Hands on Heal, have no cash value, and cannot, under any circumstances, be redeemed for cash, gift cards, or any cash equivalent. Hands on Heal Plus Massage Minutes cannot be used as gratuities or to defray applicable sales tax charges. Each Hands on Heal Plus Massage Minute may be redeemed for one minute of massage service booked through Hands on Heal, provided that Hands on Heal Plus Massage Minutes must be applied to the purchase of massage sessions in the standard session lengths offered by Hands on Heal. You can combine Massage Minutes with Points and/or with currency payments. If you combine Hands on Heal Plus Massage Minutes with currency payments to purchase a massage, the portion of your session not covered by your Hands on Heal Plus Massage Minutes will be charged to the payment device associated with your Account on a prorated basis according to our then-current price for the applicable service in the location where your service is delivered. Hands on Heal Pass Subscription pricing varies by location based on the zip code area you identify as your zip code at the time of enrollment. Once deposited to your Account, Hands on Heal Plus Massage Minutes may be redeemed for massage services in any market serviced by Hands on Heal, provided that we reserve the right to suspend or cancel your subscription if you book the majority of your sessions using Hands on Heal Plus Massage Minutes in markets that do not include the zip code area that you identified as your zip code at the time of enrollment. We reserve the right to cancel or modify our Hands on Heal Plus subscription program and related terms and benefits at any time with notice to our Hands on Heal Plus members, including without limitation, the right to convert unused Hands on Heal Plus benefits previously denominated in Massage Dollars to Hands on Heal Plus Massage Minutes. Hands on Heal Plus Massage Minutes do not have an expiration date and may be used at any time.
9.6 Hands on Heal Pass Cancellations and Payments. If you are a Hands on Heal Pass subscription client, you may cancel your subscription at any time by calling 2136449193 or by logging into your Account via our Site or App and using the “Cancel Membership” or “Cancel Subscription” button accessible from the Hands on Heal Pass tab. If you cancel a Hands on Heal Pass monthly subscription, your subscription will terminate immediately following such cancellation, and will not be renewed. Following termination of your Hands on Heal Pass monthly subscription, you will not be entitled to any related discounts that were in effect during your subscription term nor will you be able to use your Points, but you may continue to use any Hands on Heal Pass Minutes that you accumulated prior to termination and such minutes will not expire for as long as you maintain an Account in good standing. To the maximum extent permitted by applicable law, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the subscription period during which you canceled. By subscribing to Hands on Heal Pass™, you authorize Hands on Heal to charge the payment account associated with your Account at the time of ordering your subscription, and again at the beginning of each subsequent monthly subscription renewal period, until you cancel. Upon renewal of your subscription, if Hands on Heal does not receive payment from your designated payment provider for any reason (including payment method declined), (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Hands on Heal may immediately either terminate or suspend your subscription and continue to attempt to charge your payment device until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
9.7 Shipments. Hands on Heal currently only ships products to addresses within the 48 contiguous United States. When you place an order, we will confirm your address by sending an email to the email address you provided when you placed your order. Your placement of an order through our Websites or Apps is an offer to purchase the products and/or services ordered, and we may accept your order by processing your payment and shipping the products or making available your purchased services. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your order or any part of your order. No order will be considered accepted by Hands on Heal until the product(s) has been shipped or service(s) made available. If some products in your order are temporarily out of stock, we will ship the available products only and notify you of any products that cannot be fulfilled. If we decline to accept your order, we will attempt to notify you at the email address you provided. We further reserve the right any time after the receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
9.8 Returns. A product is deemed irrevocably accepted upon your use of the product. You may return purchased products that have not been opened or used within thirty (30) days of purchase for a refund of the purchase price for such returned product. You will be responsible for all shipping and handling charges in connection with any return.
9.9 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the Services or products we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
9.10 What if I think I was charged incorrectly? You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement, or any right to dispute such charges will be deemed waived. Billing disputes should be directed to the following address: support@handsonheal.com.
9.11 For Therapists. Each Therapist hereby appoints Hands on Heal as the Therapist’s limited payment collection agent solely for the purpose of accepting applicable payment from Clients. The details of this appointment are separately set forth in each Therapist’s Platform User Agreement. Each Therapist agrees that payment made by a Client through Hands on Heal shall be considered the same as a payment made directly to the Therapist, and the Therapist will provide its services to the Client in the agreed-upon manner as if the Therapist has received the payment. Each Therapist understands that Hands on Heal accepts payments from Clients as the Therapist’s limited payment collection agent and that Hands on Heal’s obligation to pay the Therapist is subject to and conditioned upon successful receipt of the associated payments from Clients. Hands on Heal does not guarantee payments to Therapists for amounts that have not been successfully received by Hands on Heal from Clients. In accepting appointment as the limited payment collection agent of the Therapist, Hands on Heal assumes no liability for any acts or omissions of the Clients. In the event a Client elects to tip the Therapist for the provision of services, the Client will be charged for such tip amount designated by Client, and the tip will be paid in full to the Therapist. Tips will not be subject to any fees by Hands on Heal. Hands on Heal reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by Hands on Heal, as a result of any mistake or error, including any mistaken pricing or service description or other error.
9.12 What if I need to reschedule or cancel my appointment? If you are a Therapist or Client, you agree to Hands on Heal’s cancellation and rescheduling policy and the associated charges and payments, the terms of which are located here https://handsonheal.com/client-cancellation-policy and are incorporated herein by reference.
10. Ownership & Copyright
10.1 Ownership; License to Use Services.
All right, title, and interest in the Services, including the Content therein, are and will remain the property of Hands on Heal and its licensors. This includes, without limitation, non-personally identifiable aggregate data collected by Hands on Heal in connection with providing the Services, including usage statistics and traffic patterns. Subject to this Agreement, Hands on Heal grants you a limited license to use the Services
(i) if you are a Client, solely for non-commercial purposes and
(ii) if you are a Therapist, solely for the purpose of connecting with Clients through the Services. Any future release, update, or other addition to the Services shall be subject to this Agreement.
10.2 Copyright Restrictions.
(a) The Websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio, and the compilation as a whole (“Content”), are protected by copyright and other intellectual property laws throughout the world. You must abide by all additional copyright notices or restrictions contained on the Websites, Apps, or elsewhere. You may not delete, modify, or obscure any legal or proprietary notices on the Websites, Apps, or elsewhere.
(b) Except as noted in Section 8 above:
(1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, or modified; and
(2) except to the extent the following restriction is prohibited by applicable law, you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble, or make derivative works of the Websites, Apps, or any Content or components available on the Websites or Apps.
(c) You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps.
(d) Hands on Heal and its licensors reserve all rights not granted in this Agreement. Except as expressly provided herein, nothing on the Services will be construed as conferring any license under Hands on Heal’s and/or any third party’s intellectual property rights. Notwithstanding anything herein to the contrary, Hands on Heal may revoke any of the foregoing rights and/or your access to the Services, or any part thereof, at any time without prior notice.
10.3 Copyright Permission.
Permission is granted for viewing the Website pages and Content on the Internet and via the Apps for your own informational purposes, subject to the terms and conditions of this Agreement. In the event that information (other than Your Materials) is downloaded from the Websites or Apps, the information, including any Content, data, or files incorporated in or generated by the Websites or Apps is owned by Hands on Heal, and Hands on Heal retains complete title to the information and all property rights therein. All other rights are reserved. Reproduction of the Content, in whole or in part, for resale or distribution, is strictly prohibited except with the prior written permission of Hands on Heal. To request written consent for such reproduction, please contact us at support@handsonheal.com
10.4 Content License.
As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit, or transmit certain content, including without limitation, photographs or other visual likenesses of you (“Your Materials”). By making available any of Your Materials on or through the Services, you (i) hereby grant to Hands on Heal and its direct and indirect licensees the non-exclusive, fully sublicensable right to use Your Materials to provide the Services, promote the Services, and improve the Services, (ii) waive any and all moral and publicity rights that you may have in and to Your Materials with respect to these uses, and (iii) acknowledge and agree that Hands on Heal may delete, obscure, or remove any of Your Materials that Hands on Heal deems to be in violation of any part of this Agreement and may bar you from using certain functionality. Hands on Heal does not claim any ownership rights in any of Your Materials, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Materials in accordance with this Agreement, please do not post, upload, publish, submit, or transmit Your Materials.
10.5 Content Representation and Warranty.
You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services, or you have all rights, licenses, consents, and releases that are necessary to grant to Hands on Heal the rights in Your Materials, as contemplated under this Agreement; and (2) neither Your Materials nor your posting, uploading, publication, submission, or transmittal of Your Materials or Hands on Heal’s and its licensees’ use of Your Materials (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate any rights of any person or entity, including without limitation, any patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
10.6 Trademarks/Use of Name or Brand.
All Content, product names, trademarks, service marks, and logos appearing as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Hands on Heal. Hands on Heal’s trademarks, product names, service marks, and logos may not be used without Hands on Heal’s written permission. Trademarks, service marks, product names, and logos owned by third parties remain the property of such third parties.
10.7 Feedback.
You agree that your submission of any ideas, suggestions, documents, and/or proposals to Hands on Heal (“Feedback”) is at your own risk, and that Hands on Heal has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Hands on Heal a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
10.8 Responsibility for User Content
We respect the rights of third-party creators and content owners and expect that you will do the same. Given the nature of the Services and the volume of information submitted, we cannot and do not monitor all of Your Materials posted or transmitted by you and other third-party information providers via the Services, including, without limitation, Your Materials posted via the Services. You expressly agree that we will not be liable for Your Materials. We reserve the right, but are not obligated, to remove content from the Services for any reason, including content that we believe violates these Terms.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this website:
Hands on Heal
Attention: Evangelos Pouloglou
Email: support@handsonheal.com
619 N Hayworth, Los Angeles, California, 90048
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Warranty Disclaimers
11. TO INDIVIDUAL CLIENTS
11.1 The Laws Of Certain Jurisdictions Do Not Allow The Exclusion Or Limitation Of Legal Warranties, Conditions, Liability Or Certain Damages Or Limitations Of Representations Made Concerning Goods Or Services. If These Laws Apply To You, Some Or All Of The Below Exclusions Or Limitations May Not Apply To You And You May Have Additional Rights.disclaimer. Hands On Heal Does Not Make Any Representations, Conditions Or Warranties, Express Or Implied, Including Without Limitation, Warranties Of Merchantability, Satisfactory Quality, Fitness For A Particular Purpose, Title, Compatibility, Security, Accuracy, Non-infringement, Or Usefulness With Respect To The Products Or Services. We Make No Warranty, Representation Or Condition That:
(1) The Services Will Meet Your Requirements;
(2) The Information, Content, And Data On The Services Are Accurate;
(3) Your Use Of The Services Will Be Uninterrupted, Timely, Secure Or Error-free; Or
(4) Any Errors In The Services Will Be Corrected.
You Agree That Any Claims Or Causes Of Action Arising Out Of Any Action Or Inaction Of Any Therapists Or Clients, Shall Be Exclusively Between You And The Therapist Or Client (as Applicable) And Not Hands On Heal. The Products And Services Are Provided “as Is.” You Agree To Use The Products And Services Solely At Your Own Risk. You Assume Full Responsibility And Risk Of Loss Resulting From Your Use Of The Services. We Are Not Liable For Any Damages Or Harm Attributable To The Foregoing. You Understand And Acknowledge That Hands On Heal Only Provides A Platform For Communication Between Therapists And Clients, And As Such Hands On Heal Disclaims Any And All Liability Relating To Your Interactions With Any Therapist(s) Or Other Client(s). Any Representations Made To You By Any Therapist(s) Are Made Solely At The Discretion Of The Therapist And Hands On Heal Has No Obligation To Monitor Or Validate, And Shall Not Be Responsible Or Liable In Any Way For, Any Representations Or Statements Made To You By The Therapist(s). You Understand And Acknowledge That Hands On Heal Shall Have No Liability To You For Any Statements Or Representations Made By The Therapist To You As A Result Of Your Use Of The Service(s).
You Acknowledge That The Sites And Apps Have Not Been Developed To Meet Your Individual Requirements, And That It Is Therefore Your Responsibility To Ensure That The Facilities And Functions Of The Sites And Apps Meet Your Requirements.
To Corporate Clients And Therapists
11.2 Disclaimer; Hands On Heal Does Not Make Any Representations, Conditions Or Warranties, Express Or Implied, Including Without Limitation, Warranties Of Merchantability, Satisfactory Quality, Fitness For A Particular Purpose, Title, Compatibility, Security, Accuracy, Non-infringement Or Usefulness With Respect To The Products Or Services. We Make No Warranty, Representation Or Condition That:
(1) The Services Will Meet Your Requirements;
(2) The Information, Content, And Data On The Services Are Accurate;
(3) Your Use Of The Services Will Be Uninterrupted, Timely, Secure Or Error-free; Or
(4) Any Errors In The Services Will Be Corrected.
You Agree That Any Claims Or Causes Of Action Arising Out Of Any Action Or Inaction Of Any Therapists Or Clients, Shall Be Exclusively Between You And The Therapist Or Client (as Applicable) And Not Hands On Heal. The Services Are Provided “as Is.” You Agree To Use The Services Solely At Your Own Risk. You Assume Full Responsibility And Risk Of Loss Resulting From Your Use Of The Services. You Understand And Acknowledge That Hands On Heal Only Provides A Platform For Communication Between Therapists And Clients, And As Such Hands On Heal Disclaims Any And All Liability Relating To Your Interactions With Any Therapist(s) Or Other Client(s). Any Representations Made To You By Any Therapist(s) Are Made Solely At The Discretion Of The Therapist And Hands On Heal Has No Obligation To Monitor Or Validate, And Shall Not Be Responsible Or Liable In Any Way For, Any Representations Or Statements Made To You By The Therapist(s). You Understand And Acknowledge That Hands On Heal Shall Have No Liability To You For Any Statements Or Representations Made By The Therapist To You As A Result Of Your Use Of The Service(s). Certain State Laws Do Not Allow Limitations On Implied Warranties. If These Laws Apply To You, Some Or All Of The Foregoing Disclaimers Of Warranties May Not Apply To You, And You Might Have Additional Rights.
Indemnification. You Agree To Indemnify, Defend, And Hold Harmless The Hands On Heal Parties From Any And All Liabilities, Claims, Expenses And Damages, Including Reasonable Attorneys’ Fees And Costs, Arising Out Of Or In Any Way Related To Your Misuse Of The Services Or Breach Of This Agreement.
13. Limited Liability
13.1 Limitations On Liability. To The Maximum Extent Permitted By Applicable Law, You Agree That Hands On Heal, Our Parent Companies, Subsidiaries, Affiliates, And Agents And All Of Our And Their Respective Officers, Directors, Shareholders, Employees, Contractors, Representatives And Agents (collectively, The “hands On Heal Parties”) Will Not Be Liable Whether In Contract, Tort (including Negligence), Breach Of Statutory Duty Or Otherwise For:
(a) Any Loss Of Profits Or Revenue Or Indirect, Incidental, Special Or Consequential Damages, Or Damages Or Costs Due To Loss Of Data, Production, Or Use, Business Interruption Or Procurement Of Substitute Goods Or Services, Whether Or Not We Or Other Hands On Heal Parties Have Been Advised Of The Possibility Of Such Losses Or Damages;
(b) Any Loss Or Damages Resulting From Your Interactions With Therapist(s) Or Other Clients; Or (c) Any Loss Or Damages Incurred As A Result Of Unauthorized Access To Your Account Which Is Not Within Our Reasonable Control.
13.2 Liability Cap. Except Where Prohibited By Applicable Law, The Aggregate Liability Of The Hands On Heal Parties To You For All Claims Arising From Or Relating To This Agreement Or Your Use Of The Services, Including, Without Limitation, Your Interaction With Any Therapist(s) Or Other Client(s), Any Cause Of Action Sounding In Contract, Tort, Or Strict Liability, Will Not Exceed The Greater Of: (a) The Total Amount Received By Hands On Heal From You During The Six-month Period Prior To The Act, Omission Or Occurrence Giving Rise To Such Liability, Or (b) $100.
13.3 Essential Purpose. This Limitation Of Liability Is Intended To Apply Without Regard To Whether Other Provisions Of This Agreement Have Been Breached Or Have Proven Ineffective Or If A Remedy Fails Of Its Essential Purpose. Some Jurisdictions Do Not Allow For Limited Liability Or Exclusion Of Certain Warranties, Conditions Or Representations So Not All Of The Above Limitations May Apply To You. You Acknowledge And Understand That The Disclaimers, Exclusions And Limitations Of Liability Set Forth Herein Form An Essential Basis Of The Agreement Between The Parties Hereto, That The Parties Have Relied Upon Such Disclaimers, Exclusions And Limitations Of Liability, And That Absent Such Disclaimers, Exclusions And Limitations Of Liability, The Terms And Conditions Of This Agreement Would Be Substantially Different.
13.4 What We Do Not Exclude. Nothing In These Terms Shall Limit Or Exclude Liability For: (a) Death Or Personal Injury Resulting Solely From Our Negligence Or The Negligence Of Our Employees, Agents Or Subcontractors; (b) Any Other Liability That Cannot Be Excluded By Applicable Law.
For more information, please visit us at https://handsonheal.com/
Address: 619 N Hayworth, Los Angeles, California, 90048
Phone: 2136449193
14. Third Party Links & App Store
14.1 Third-Party Links & Ads
Hands on Heal may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where Hands on Heal contains links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Hands on Heal does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not this Agreement.
14.2 App Store
When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 8): (a) Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms. (b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Hands on Heal and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hands on Heal. (d) You and we acknowledge that, as between Hands on Heal and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. (e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Hands on Heal and the App Store Owner, Hands on Heal, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. (f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. (g) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
15. Account Suspension or Termination
15.1 When we might suspend or terminate your Account or Site access
We may, subject to applicable law, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement and/or your access to the Services, and (b) deactivate or cancel your Account.
15.2 What happens when these Terms terminate?
Upon termination we will promptly pay you any amounts that we reasonably determine we owe you (if any) in our discretion. In the event Hands on Heal terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. Upon termination of these Terms, all licenses granted by Hands on Heal to you to use the Services will immediately terminate and the following sections will survive termination of these Terms: Sections 1, 2, 3, 4, 5, 6, 7, 8.2, 9, the ownership provision of Section 10.1, 10.2, the ownership provision and intellectual property restrictions in 10.3, 10.4, 10.5, 10.6, 10.7, 11, 12, 13, 14, 15, 16 and 17.
15.3 Your right to cancel your Account
You may cancel your Account at any time by contacting us at the contact information set out in Section 2.3 or using any other cancellation method we make available through the Services. Please note that if your Account is canceled, we do not have any obligation to keep, delete, or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or Feedback, nor, to the maximum extent permitted by applicable law, are we obligated to refund you any prepaid payments for the Services you have made on your Account.
15.4 Our right to cancel
If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.
16. Reporting Complaints or Concerns
16.1 Contacting Hands on Heal
To the extent you have any complaints or concerns that arise relating to your Services, including those relating to a Therapist or Client, immediately contact Hands on Heal at support@handsonheal.com, or by calling the Trust & Safety Team at 2136449193. For emergencies, including with regard to personal safety, please dial 911 and/or contact your local law enforcement.
16.2 Investigating Complaints
During the course of investigating complaints and concerns, we may suspend your Account or Site access, consistent with Section 15 above. Upon completion of the investigation, Hands on Heal may terminate your Account subject to the terms set forth in Section 15 above.
17. Other Important Terms
17.1 Privacy Policy and Personal Information Use
Please refer to our Privacy Policy for more information on the manner in which Hands on Heal collects, uses, discloses, and otherwise treats your personal information. The Privacy Policy is fully incorporated herein by reference.
(a) For Therapists. Notwithstanding anything to the contrary in this Agreement or otherwise, you: (a) may only process, retain, transfer, copy, use, and disclose any personal information (including without limitation, “personal information” as defined under CCPA) you access or obtain through the Services to provide “on-demand” services to individuals through the Services, and for no other purpose; (b) you may not sell, rent or lease personal information you access or obtain through the Services, including without limitation any “sale” or “selling” as defined under the CCPA; and (c) shall comply with the CCPA and any regulations or regulatory guidance related thereto, as applicable.
(b) For Individual Clients and Corporate Clients. Notwithstanding anything to the contrary in this Agreement or otherwise, you: (a) may only process, retain, transfer, copy, use, and disclose any personal information (including without limitation, “personal information” as defined under the CCPA) you access or obtain through the Services to use Services, and for no other purpose; (b) may not sell, rent or lease personal information you access or obtain through the Services, including without limitation any “sale” or “selling” as defined under the CCPA; and (c) shall comply with the CCPA and any regulations or regulatory guidance related thereto, as applicable.
17.2 Anti-Spam
Hands on Heal prohibits the sending of unsolicited email or text messages (spam) or other communications that violate applicable privacy and anti-spam legislation. Spam is defined for this purpose as sending any message that encourages participation in a commercial activity or multiple messages similar in content to any person(s), entity(ies), newsgroup(s), forum(s), email list(s), or other group(s), individual(s) or list(s) unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient in accordance with the requirements under applicable law. Hands on Heal also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with Hands on Heal, and/or any products and Services. Hands on Heal prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “spammed” By Someone In Relation To Hands On Heal’s Services, Please Contact Us Promptly At Either The Contact Information Set Forth In Section 2.3 Or Via The Contact Mechanism Made Available Via The Website So That We May Take Appropriate Action.
17.3 Governing Law and Jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of the State of California, consistent with the federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. For any proceedings not subject to mandatory arbitration under Section 17.6, you and we agree to submit to the non-exclusive jurisdiction of the federal or state courts located in Los Angeles County, California. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with this Agreement in California or in the EU country in which you live.
17.4 Waiver
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.5 Rights and Remedies
Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
17.6 Arbitration Agreement: Mandatory Arbitration and Dispute Resolution for United States and Canadian Users
Please read this section carefully. It forms a crucial part of your agreement with Hands on Heal and significantly impacts your rights. This Arbitration Agreement contains detailed procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act.
(a) Applicability of Arbitration Agreement: Unless explicitly agreed in writing between Hands on Heal and a client, all claims and disputes (excluding those described in Subsections 17(m)-(o) below) arising from or relating to the Agreement, Services, or any communication from Hands on Heal to a client shall be resolved solely through binding arbitration on an individual basis under the terms specified in this Arbitration Agreement. All arbitration proceedings, unless agreed otherwise, shall be conducted in English. This Arbitration Agreement extends to the clients, Hands on Heal, their predecessors-in-interest, successors, assigns, and all authorized or unauthorized users or beneficiaries of the services or goods provided under the Agreement.
(b) Notice Requirement and Informal Dispute Resolution: Prior to initiating arbitration, the party seeking arbitration must first send a written Notice of Dispute (“Notice”) to the other party/parties describing the nature of the claim or dispute, and the relief sought. A Notice to Hands on Heal should be directed to: Director of Operations, Hands on Heal, 619 N Hayworth, Los Angeles, California, 90048. Upon receipt of the Notice, the involved parties may attempt to resolve the matter informally. If no resolution is reached within thirty (30) days of receiving the Notice, any party may proceed with arbitration. The arbitrator shall not be informed of any settlement offer until after determining the award, if any.
(c) Arbitration Rules: Arbitration will be initiated through JAMS or an agreed-upon alternative ADR Provider if JAMS is unavailable. The rules of the selected ADR Provider will govern the arbitration process, except where they conflict with the Agreement. A single, neutral arbitrator will conduct the arbitration. Claims seeking an award of less than Ten Thousand U.S. Dollars (US $10,000.00) may be settled through non-appearance-based arbitration. For claims exceeding Ten Thousand U.S. Dollars (US $10,000.00), the right to a hearing will be determined by the Arbitration Rules. The arbitrator will notify the parties of the hearing location unless agreed otherwise.
(d) Additional Rules for Non-Appearance Based Arbitration: If non-appearance-based arbitration is chosen, the arbitration can be conducted through telephone, online, or based solely on written submissions.
(e) Time Limits: Arbitration must be initiated within the statute of limitations and any deadlines stated under the JAMS Rules for the relevant claim.
(f) Authority of Arbitrator: The arbitrator shall have exclusive authority over disputes concerning the interpretation, enforceability, or formation of this Agreement. The arbitrator’s decision on the rights and liabilities of the parties is final and cannot be consolidated with other matters. The arbitrator may award monetary damages and other available remedies.
(g) Waiver of Jury Trial: Both parties waive their rights to a trial in court and consent to resolving disputes through arbitration under this Agreement.
(h) Waiver of Class, Representative or Consolidated Actions: All claims under this Arbitration Agreement must be resolved on an individual basis and cannot be consolidated with other clients’ claims.
(i) Confidentiality: All arbitration proceedings and awards are strictly confidential, unless required by law.
(j) Severability: Invalid or unenforceable parts of this Arbitration Agreement shall be severed, while the remainder remains effective.
(k) Right to Waive: Any rights set forth in this Arbitration Agreement can be waived by the party against whom the claim is made without affecting other parts of the Agreement.
(l) Survival of Arbitration Agreement: This Arbitration Agreement remains effective even after the termination or expiration of the Agreement or the client’s relationship with Hands on Heal.
(m) Small Claims Court: Either party may file individual actions in small claims court.
(n) Emergency Equitable Relief: Parties may seek emergency interim equitable relief before a court to maintain the status quo pending arbitration.
(o) Claims Not Subject to Arbitration: Certain claims are excluded from this Arbitration Agreement.
(p) Courts: If permitted by the Arbitration Agreement, the parties agree to the jurisdiction of courts in Los Angeles County, California.
(q) Modification: Clients have the right to reject any future material changes to this Arbitration Agreement within thirty (30) days of such changes becoming effective.
17.7 If any of these Terms is unenforceable, the rest will continue in force. Each term of the Agreement operates separately. Except as provided in Section 17.6(h), if any term of this Agreement is held to be invalid or unenforceable, then such specific term shall be of no force or effect and shall be severed and the remaining terms will remain in full force and effect.
17.8 Assignment
This Agreement, and the rights and obligations herein, may not be assigned without Hands on Heal’s prior written consent. Hands on Heal reserves the right to assign its rights and obligations under these Terms to another entity. Active users will be notified in writing of any such assignment.
17.9 International Users
The Services are operated by Hands on Heal from the United States. Users accessing the Services from other countries are responsible for compliance with local laws.
17.10 Force Majeure
Hands on Heal shall not be liable for delays or failures to perform resulting from causes beyond its reasonable control.
17.11 Export Control
You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, 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. You also will not use the Services for any purpose prohibited by U.S. law.
17.12 Client Complaints.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 2136449193.
17.13 Entire Agreement.
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
17.14 Contact Information.
Questions about the Terms and Conditions should be sent to us at support@handsonheal.com.
NOTICE: All notice required or permitted under these Terms of Service shall be made in writing by mail to: 619 N Hayworth, Los Angeles, California, 90048, or by email to: support@handsonheal.com.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.