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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10640
Experience:  30 years of corporate, litigation and international law
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I have a small document that needs to be reviewed which are

This answer was rated:

I have a small document that needs to be reviewed which are new terms and conditions from a company my company does business with. Need it reviewed please

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. You can post the document and I will look at it.

Customer:

Ok thank you. Please let me know if this requires an additional fee. But will add a tip as I just saw it can be done on this site. Thank you.

bizlaw :

What is the particular concern you have about this agreement?

Customer:

mostly the arbitration portion 14.3, not familiar with the wording

bizlaw :

You have to explain what this software is supposed to supply because the arbitration covers things that would not arise under a software license including discrimination, fair labor standards and things of that nature. Also I see no way that you could bind any employee by this agreement especially if it does not relate to a breach of the non disclosure and use provisions of the agreement.

Customer:

Its an app for receiving jobs via gps location between a professional driver and a passenger looking for a ride. We have worked with them for over 2 years now and just wanted to see if they made any changes to our agreement. In general, they partner with limousine companies (such as mine) to provide people who downloaded the passenger app to the network of available drivers. They don't own the cars or employ drivers, only the software. They collect a fee for every ride out of the app and we keep the rest. They pay us weekly via direct deposit. And they dont want us to copy their software

bizlaw :

Then the arbitration provision is not proper. The arbitration should only relate to disputes arising out of the license agreement and nothing more. Here is the standard arbitration clause for the American Arbitration Association.


Any controversy or claim arising out of or relating to this contract,

or the breach thereof, shall be settled by arbitration administered

by the

[

American Arbitration Association

/American Health

Lawyers Association Alternative Dispute Resolution Service]

under its

[

Commercial Arbitration Rules

/Healthcare Payor

Provider Rules/Rules of Procedure for Arbitration

by the American

Health Lawyers Association

]

. The number of arbitrators shall be

[one or

three]. The place of arbitration shall be [city, state].

[State] law shall apply. J

udgment on the award rendered by the

arbitrator(s) may be entered in any court having jurisdiction

thereof.
bizlaw :

I suggest you insist on using this type of clause. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

bizlaw :

I copied too much here is the section you nee.

Customer:

thanks, XXXXX XXXXX last question, can you give me an example of what the arbitration in the new agreement relates to?

bizlaw :

Just use the part up to the "Healthcare Payor"

bizlaw :

The following quoted language applies to things outside the license agreement. "This Arbitration


Provision also a

applies, without limitation, to disputes regarding any city, county, state or

federal wage

-

hour law, trade secrets, unfair competition, compensation, breaks and rest

periods, expense reimbursement, termination, harassment and claims arising under the

Unifor

m Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age

Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act,

Employee Retirement Income Security Act (except for claims for employee benefits under

any benefit plan sponsored by Uber and covered by the Employee Retirement Income

Security Act of 1974 or funded by insurance), Genetic Information Non

-

Discrimination Act,

and state statutes, if any, addressing the same or similar subject matters, and all

other

similar federal and state statutory and common law claim

bizlaw :

Wage and hour laws relate to employees and it has no business in a licensing agreement. Same with Age Discrimination, civil Rights, etc.

bizlaw :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer:

Got it thank you

Richard - Bizlaw and other Business Law Specialists are ready to help you
Thank you for the excellent rating.
Hi I was just following up to see how you made out. If you have any additional questions or I can help on a different topic let me know.

Bizlaw