EFFECTIVE May 1ST, 2020
Hovr may amend these Terms from time to time. Such changes to the Terms will be effective once they are posted at this location. Your continued access and use of the Services will constitute acceptance of such new Terms. If you don’t agree with the new Terms you must discontinue access and use of the Services.
1. Use of Services
If you are accessing or using the Services, you must be an individual that is at least 18 years old and capable of forming a binding contract. You agree to maintain accurate and complete information as it relates to any account you create as part of the Services or other information that Hovr requires in connection with your access or use of the Services. You agree that your failure to provide accurate and complete information may result in your inability to access or use the Services. You agree that all activity engaged in by any account associated with you as part of the Services will be your responsibility.
Your use of the Services requires that you follow certain standards of conduct. Hovr reserves the right in its sole discretion to disallow or remove any user from accessing or using the Services in the event Hovr deems such standards of conduct are not being followed. By accessing or using the Services, you agree to not engage in the following via your access or use of the Services:
- Violate any law, regulation or other right that may be subject to any criminal or civil penalty.
- Violate, infringe or otherwise use the intellectual property rights of a third party without permission.
- Violate or infringe on the publicity rights, privacy rights or other rights of third parties.
- Engage in the use of spyware or other software designed to collect and harvest data from Hovr or the Services.
- Communicate with users of the Services for purposes of distributing malicious files, software or other programs meant to disrupt the use of computer systems or related technology, or for the purposes of “phishing” and other fraudulent activity.
- Harass, stalk, threaten, or otherwise harm another individual.
- Reverse engineer any of the software or underlying code used by Hovr or in the Services.
- Encourage or otherwise assist any other party to do any of the acts previously described in this section.
2. Requirements for Shoppers
As a Shopper with Hovr Drop you are subject to certain additional requirements in order to access and use the Services. As a Shopper, you represent, warrant and agree that:
- You are at least 18 years of age
- You have a valid driver’s license and are allowed to operate a motor vehicle in the jurisdiction(s) in which you are acting as a Shopper
- You own or are legally allowed to operate the vehicle that you use as a Shopper
- Your vehicle that you use as a Shopper is in good, safe operating condition including meeting all applicable standards of safety and other standards that may be applicable based on your jurisdiction’s laws and regulations relating to motor vehicles
- You are medically fit to operate a motor vehicle as determined by the jurisdiction in which you operate your motor vehicle as a Shopper, and that to the best of your knowledge you have no medical issues which may impact your ability to deliver items with reasonable care for the health and safety of the Customer
- You have a valid insurance policy as determined by the jurisdiction in which you will act as a Shopper, and such insurance policy adequately covers you, your Customers, your motor vehicle, and any other liabilities or losses which may be incurred as a Shopper, according to applicable laws and regulations
- You will comply with all applicable traffic laws in addition to all applicable local, state and federal laws and assume all responsibility for the violation of such while acting as a Shopper
- You acknowledge and agree that you will be solely responsible for any loss, liability and/or damage that results from or is alleged from any actions you take as a Shopper in your operation of, within and around your vehicle, including but not limited to death, injuries and damage to personal or real property, and you as the Shopper will be solely responsible for complying with all applicable laws and regulations and any interested insurance providers in the event of an accident
- You are solely responsible for any and all tax liabilities associated with your actions as a Shopper
- You will not accept or request payments of cash or any other form of compensation from Customers and you understand that any reimbursements you receive as a Shopper are not intended to be compensation and are to be determined solely by the Shopper and the Customer and are not the responsibility of Hovr
- You are not an employee, independent contractor, partner, joint venture, agent, fiduciary or otherwise affiliated with Hovr other than as a User of the Services and you have no authority to bind Hovr in any regard
- You agree that you will acquire and deliver any item(s) in a manner that reasonably ensures the health and safety of the Customer. You further agree that you will take all necessary precautions to reasonably ensure the health and safety of the Customer and adjust such precautions depending on item type, required storage temperatures, and proper handling of items to prevent contamination.
3. Classification of Hovr
Hovr as a whole and Hovr Drop in particular is not a transportation network company, also known as a TNC. Hovr Drop provides Users a platform to connect with other Users for the delivery of items and is not a TNC or rideshare company. As such, your use of the Services as a Shopper should be covered by your personal auto insurance. If you are unsure if you are covered by your insurance when using Hovr Drop, you must confirm prior to using the Services.
Hovr Drop is also not a TNC for the following reasons:
- We do not intend, encourage or suggest that a Customer has any in-person contact with a Shopper, including to retrieve or deliver an item;
- All payments made by Customers to Shoppers should be to cover the expenses associated with the items, should not be compensation for the Shoppers, and are the sole responsibility of the Users and not Hovr;
- Hovr does not provide, nor has the intention to provide, transportation services or act in any manner as a transportation carrier.
4. Discontinuing Use of Hovr Drop
Hovr reserves the right to suspend or terminate any User without notice, for any reason in its sole discretion, including breach of these Terms.
Indemnification: You agree to indemnify and hold harmless Hovr, including its employees, directors, officers, agents, third party providers including service providers, advertising partners and employer partners implementing Hovr in its workplace against all damages, expenses, claims, losses, liabilities, legal fees, attorney fees and any other costs incurred by such parties associated with your violation of these Terms.
Limitation of Liability: YOU AGREE THAT NEITHER HOVR NOR ANY OF HOVR’S PARTNERS, WILL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), OR FOR LOST BUSINESS, LOST PROFITS OR LOSS OF INSURANCE COVERAGE ARISING (1) OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES (2) FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNTS PAID BY HOVR TO YOU HEREUNDER OR (3) ANY MATTER BEYOND THE REASONABLE CONTROL OF HOVR.
No assignment: These Terms and all rights and obligations ascribed to you hereunder, and/or your accounts associated with the Services, are personal to you and may not be transferred or assigned by you at any time, in any way, without the consent of Hovr. Hovr may assign its rights under these Terms at any time without your consent.
Choice of Law and Arbitration: These Terms, except to the extent not otherwise governed by the laws of the United States, shall be governed by the laws of the State of Virginia without giving effect to principles of conflicts of law. Any dispute arising from these Terms shall be subject to and settled within Fairfax County, Virginia, in accordance with the jurisdiction’s arbitration rules in effect at that time, by one commercial arbitrator that has experience resolving disputes of the nature that is at hand. No class arbitrations shall be permitted. Notwithstanding the provisions relating to arbitration herein, the parties to these Terms hereby agree that each party has the right to pursue injunctive or other equitable relief at any time, at any court of competent jurisdiction. The parties hereto consent to the Fairfax County, Virginia and the Eastern District Court of Virginia as having the exclusive jurisdiction over any court matters relating to these Terms. No class actions shall be permitted. BOTH PARTIES AGREE AND UNDERSTAND THAT BY AGREEING TO THESE TERMS BOTH YOU AND HOVR WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Entire Agreement, Severability, Waiver: These Terms contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge, if applicable, have been merged into these Terms. In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. The failure of Hovr to exercise in any way, any rights afforded to Hovr pursuant to these Terms shall not be deemed a waiver of such rights or any other rights hereunder.