The Herculeze SHIELD Terms

Last updated  May 23, 2018

The Herculeze SHIELD (“SHIELD” or “SHIELD”) is a part of Herculeze Technologies, Inc.’s Terms of Service, located here (Capitalized terms not defined herein shall have the definitions set forth in Herculeze’s Terms of Service.). Nothing in the Herculeze SHIELD shall be construed to invalidate any part of Herculeze’s Terms of Service or Privacy Policy, which remain in full force and effect. THE HERCULEZE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS SHIELD AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE HERCULEZE PLATFORM, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER AND THE TERMS OF THIS SHIELD.

What is the “Herculeze SHIELD”?

As stated in our Terms of Service, Herculeze is a technology platform that allows Users to connect with each other so they can be their most productive selves.  Providers determine what categories they are qualified to Transport in, and scope the Transport directly with their Client. Clients are advised to confirm with their Provider that their Provider is qualified to perform the Transport prior to the Transport taking place. Herculeze does not direct how a Provider performs a Transport, does not monitor Transports or chat threads between Users, and does not otherwise oversee or assume responsibility for the actions of  Providers. Herculeze is not liable for the acts or omissions of Users, nor does Herculeze provide insurance against any losses sustained by Users. That said, because we want you to be happy about your Herculeze experience, we choose to offer this SHIELD, on the terms set forth below.

If Users fail to resolve an issue between themselves, and subject to the terms, exclusions and limitations set forth in this Herculeze SHIELD, Herculeze will pay as follows:

  1. Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Losses arising from Client’s Property Damage as a direct result of negligence of a  Provider during performance of a Transport;
  2. Users up to USD Ten Thousand Dollars ($10,000) for Bodily Injury sustained by a User who did not cause the injury, as a direct result of Negligence by another User during the performance of a Transport;
  3. Clients up to USD Ten Thousand Dollars ($10,000) per occurrence for Losses arising from Theft of a Client’s property by a Provider during performance of a Transport.

Terms and Conditions: The Herculeze SHIELD is applicable for every Transport (other than with respect to the exclusions listed below), subject to the following terms and conditions:

  • You must submit a Herculeze Resolution Request Form, within fourteen (14) days of the occurrence of the Transport giving rise to the SHIELD Claim;
  • Before submitting a Herculeze Resolution Request Form, you must first make a good faith attempt to resolve the SHIELD Claim directly with the User involved;
  • The Transport between a Client and a  Provider is performed on the Herculeze Platform by the hired Provider and paid for in full through Braintree Payment System (via the Herculeze Platform);
  • The Transport does not violate our Terms of Service;
  • You have not submitted a separate SHIELD Claim within ninety (90) days prior to the occurrence of the Transport giving rise to the Claim;
  • The Transport did not originally require a licensed professional to complete, including but not limited to plumbers, electricians, medical professionals, attorneys, notaries public, licensed general contractors, exterminators, etc.; and
  • Your Herculeze account is in good standing, with no outstanding or pending balances owed to Herculeze Inc or Providers.

What is excluded from the Herculeze SHIELD?

The Herculeze SHIELD does not cover losses or damages to property or bodily injury arising from or in any way related to any of the following (the “Excluded Losses”):

  • Transports performed by Licensed  Providers (please see below under “Licensed Professionals”);
  • Losses arising from operation of any motor vehicle, aircraft or watercraft by a  Provider;
  • Losses arising out of any intellectual property claim;
  • Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data or consequential damages, special damages;
  • Losses for property damage exceeding the original value or replacement value (whichever is the lesser) for such property, less any standard depreciation;
  • Ineligible Property;
  • Client losses arising from Negligence of a Client or third party;
  • Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear and tear or deterioration;
  • Losses arising from items supplied by the Client or due to Client recommendations (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed; Client directs  Provider to perform Transport in a manner that causes damages);
  • Losses that are a normal part of or natural result of the Transport undertaken;
  • Losses arising from intentional acts, including but not limited to: (i) Assault and Battery, (ii) Sexual Abuse or Molestation, (iii) identity theft or fraud (this exclusion shall not limit or exclude a claim for Theft of a User’s property by a  Provider during performance of a Transport);
  • Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
  • Losses beyond the specific damaged area (i.e. if there is a scratch in the floor, we will pay for repairs to the scratched area only);
  • Losses arising from products containing hazardous or harmful materials, communicable diseases, acts of terrorism, product liability, or pollution;
  • Losses arising from shipping costs and/ or shipping of replacement items;
  • Losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as rain, wind, etc.;
  • Losses of theft without a valid police report;
  • Losses reported more than 14 days after the Transport took place; and
  • Losses with insufficient documentation.

Insurance

You understand and agree that the Herculeze SHIELD is not insurance, and that no User or third party is an insured or third party beneficiary under the terms of any Herculeze insurance policy.

Herculeze has the right to subrogate against any person or entity who may be responsible for causing the losses giving rise to a Claim, including Users or any third party. By making a Claim under this SHIELD you agree you will assist in and cooperate fully with any actions taken by Herculeze or its agents to subrogate a Claim.

If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowners insurance or an umbrella policy (“Personal Insurance”), you agree to seek compensation for Losses from your Personal Insurance, prior to seeking compensation by way of the SHIELD. The SHIELD will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. Herculeze has the right to provide a User’s contact information to an insurance company or to another User in order to facilitate a resolution of a SHIELD Claim, either under the terms of this Herculeze SHIELD, or because a User’s policy may apply.

How do I submit a SHIELD Claim?

To submit a claim, please complete the Herculeze Resolutions Request Form within fourteen (14)      days of the occurrence of the Transport giving rise to the SHIELD Claim. Payment requests are subject to the terms as noted above, so we urge you to read through these terms and conditions prior to submitting a SHIELD Claim. All SHIELD Claims will be reviewed on a case-by-case basis.

During our SHIELD Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a SHIELD Claim from further damage; (ii) assist and allow Herculeze or its insurers access to inspect and make copies, photographs and recordings of anything relating to the SHIELD Claim; (iii) accept repairs by a Provider first; (iv) accept a replacement only if repairs are proven not to be an option; (v) submit requested materials by the dates outlined by the Resolutions Team; and (vi) accept a replacement item subject to the standard depreciation of that item.

If any part of your SHIELD Claim is approved, then as a condition to any payment to you under the Herculeze SHIELD, you will be required to execute and deliver to Herculeze the “Herculeze Resolutions Agreement,” which includes your agreement:

  • To assign to Herculeze or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved SHIELD Claim from any party that is financially responsible for the approved SHIELD Claim;
  • To reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover from any party the amount paid to you with respect to an approved SHIELD Claim;
  • To release and hold harmless, Herculeze and its insurers, officers, directors, employees, contractors and agents from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the SHIELD Claim, by signing an agreement in a form acceptable to Herculeze;
  • To treat as confidential the resolution of your SHIELD Claim and the contents of the Herculeze Resolutions Agreement; and
  • To refund to Herculeze any amounts that Herculeze erroneously paid to you with respect to an approved SHIELD Claim, in our determination and based upon factors including, but not limited to, documentation in our possession, your actions, and police reports, if applicable.

Licensed  Providers

In certain cities, Clients can hire Licensed Providers which are explicitly identified as such on the Herculeze Platform (see Client Support Center Article on Licensed  Providers). Licensed Providers carry their own insurance for the types of services they perform and acknowledge through the Herculeze Terms of Service that their insurance shall be primary for any claims arising out of services they provide to Clients on the Herculeze Platform. If you have a claim arising out of work performed by a Licensed Provider that you hired through the Herculeze Platform, please contact customerservice@Herculeze.com and let us know. We will provide you with the contact information for the Licensed Provider you hired so you may reach out to him or her directly. At your request, we can also re-open the chat-thread so that you can communicate through the chat-thread if you prefer.

Miscellaneous

This Herculeze SHIELD and the Herculeze Terms of Service and Privacy Policy constitute the entire agreement between Herculeze and Herculeze Users regarding the Herculeze SHIELD, and replace any and all prior, oral or written understandings or agreements. No person, entity or agent, including any User or any Herculeze employee, may alter the terms of this SHIELD. Users may not assign or transfer the terms of the SHIELD, and no party shall be a third party beneficiary of these terms. The terms of this SHIELD are not intended to and shall not be construed to give any person or entity other than a User of the Herculeze platform any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. The Herculeze SHIELD shall be governed by the laws of the State of Michigan without regard to their conflict of law provisions. Herculeze reserves the right, in its sole and absolute discretion, to eliminate the SHIELD altogether or change, modify or delete any of the terms of this SHIELD at any time, effective with or without prior notice and without any liability to Herculeze. Herculeze will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this SHIELD are unacceptable to you, you must terminate, and immediately stop using the Herculeze Platform. Your continued use of the Herculeze Platform following any revision to this SHIELD constitutes your complete and irrevocable acceptance of any and all such changes.

Defined Terms

"Bodily Injury" means physical injury, sickness or disease sustained by any person, including death resulting from any of these.

"SHIELD Claim” means a dispute resulting in Property Damage, Bodily Injury or Theft which is submitted via the Herculeze Resolutions Request Form, as set forth herein.

“Ineligible Property” means cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, facts including materials used, stored or transmitted to / from computer programs, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs (beyond the straight replacement value).

"Losses" means any losses other than Excluded Losses.

“Negligence” means a finding by Herculeze, in its sole discretion, that a  Provider acted or failed to act in a manner which a) breached a legal duty to their Client and b) was the proximate cause of their Clients actual damages.

"Property Damage" means physical injury or damage to, or loss or destruction of, tangible property.

"Theft" means the intentional and fraudulent taking of another’s tangible personal property without permission or consent of the owner, with intent to convert it to another’s use.

“Resolutions Claim Expiration Date” means any deadline communicated by the Herculeze Support or Resolutions Teams to a User in connection with a Claim.