Terms of Use | HumanHand®

HumanHand Corp. (“HumanHand”, “we”, “our” or “us”) owns and operates humanhand.net (our “website”). Any related services we provide and through our interactions with users and visitors through our website shall be referred to as the “Services” throughout these Terms of Use.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HUMANHAND. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE OR THE SERVICES. BY VISITING OUR WEBSITE OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO OUR WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF OUR WEBSITE, AND ALL ASPECTS OF THE SERVICES. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE USING OUR SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR THE SERVICES.

These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) you first access our website, register an account, or submit an application for certification. You acknowledge HumanHand’s Privacy Policy, as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in such privacy policy.

Description of Website. The Services: (a) allow humans to submit applications to HumanHand to certify, through the provision of a certification mark, that a work of authorship's essential components have been created, formed, developed, derived or brought to fruition without the use of large language models, generative or agentic artificial intelligence software, technology or tools, or similar technologies, tools, algorithms or processes currently in existence or hereinafter to be devised (“GenAI”); (b) maintain a registry of works of authorship that have been certified to be "human-made"; (c) grant the right to individuals to dispute any work of authorship that alleged to be misrepresented as "human-made"; and (d) perform other acts or functionality enabled by the website, as updated from time to time. For the purposes of these Terms, "human-made" means a work of authorship that has been certified by HumanHand to be created without the use of GenAI, as further described here.
Disclaimer. The website and our Services are for informational purposes only, and any certification of a work of authorship being "human-made" is solely based upon the information provided by an applicant for certification. Neither HumanHand nor any third party authorized or directed by HumanHand, assesses or verifies any works of authorship referenced in an application for its authenticity or accuracy with respect to such works of authorship being "human-made", nor does HumanHand assess or verify any ownership, intellectual property, or other proprietary rights in relation to any works of authorship referenced in a certification application. HumanHand expressly disclaims any damages, losses or claims arising from an incorrect certification of a work of authorship that is not "human-made", and your sole remedy for addressing any incorrect certification or rejected application submission is submitting a dispute in accordance with the process set out here.
Limited License. HumanHand grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use our website, the Services, and the content that HumanHand makes available to you on our website, including marketing, materials, text, audio, video, photographs, maps, illustrations, graphics, the Marks (as hereinafter defined), the certification registry and other media (“Content”), in each case subject to and conditional on your continued compliance with the terms and conditions of these Terms. All Content available through our website is owned by HumanHand and HumanHand’s third party providers. All Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. These Terms permit you to use our website for your personal use only, and not for any commercial purpose other than for those enabled by the functionality of our website. For greater certainty, HumanHand, in its sole discretion, may terminate or suspend your license to use our website and/or some or all of the Services or Content at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If HumanHand terminates or suspends your licence to use some or all of the Services or Content, these Terms will nevertheless continue to apply in respect of your use of the Services and Content prior to such termination or suspension.
Restrictions. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content or otherwise violate local or worldwide copyright laws in your use of our website and Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) use, alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any Content. HumanHand has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content provided by third parties through our website. You are granted no licenses or rights in or to any Content.
Account Registration. In order to use the Services, you may need to register for an account, which requires a username, an email address, and a password. You are responsible for maintaining the confidentiality of your username and password. HumanHand recommends that you use a strong password, that you change it frequently, and that you do not reuse passwords. You agree not to disclose your username or password to any third party. HumanHand may reject, or require that you change, your username or password. You represent and warrant to HumanHand that you have not misrepresented any information that you have provided to HumanHand in connection with your account. You are solely responsible for all activities that occur under your account. You shall abide by all applicable local, provincial, national and foreign laws, treaties and regulations in connection with use of your account, the website and the Services, including those related to data privacy, international communications and the transmission of technical or personal information. If you become aware of any unauthorized use of your account, you must notify HumanHand immediately. It is your responsibility to update or change your account information, as appropriate.
Applications and Certifications. You may submit an application for certification here. We reserve the right to update, modify or change the requirements for application submission and/or granting of a certification at our sole and absolute discretion. You must submit a separate application for certification for each work of authorship you request certification for. Where HumanHand, in its sole and absolute discretion, accepts your application submission, HumanHand grants you a limited, worldwide, revocable, non-transferable licence to use the “human-made” certification mark or “a HumanHand® Member” on any materials relating to the certified work of authorship. The right to use this certification mark is limited only to use in connection with the registered and certified work of authorship specified in the accepted application, and cannot be used for any other purpose or for any other work of authorship. Any certification relating to a work of authorship will be invalidated and/or revoked where: (a) it is brought to the attention of HumanHand by a third party that the registered work of authorship is not “human-made”; (b) the registered work of authorship has materially changed, or, in HumanHand’s discretion, is suspected to have materially changed, through the use of GenAI; or (c) if HumanHand, at its sole discretion, otherwise deems the registered work of authorship not to be “human-made”.
Trademarks. Certain names, graphics, logos, icons, designs, words, titles and phrases on our website, including “HumanHand” and the certification mark used to certify works of authorship, may constitute trademarks, trade-names, trade dress and/or associated products and services of HumanHand or its affiliates (the “Marks”), and are protected in Canada and internationally and their display on our website does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part without prior written authorization of HumanHand or such third party is strictly prohibited. Other trademarks, trade names, trade dress and associated products and services mentioned on our website, or through the Services, may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on our website does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
Unacceptable Use. You will not (a) make our website, or the Services or the Content available to, or use our website, or the Services or the Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease our website, the Services or the Content, or include our website, the Services or the Content in a service bureau or outsourcing offering, (c) use our website or the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party rights, including intellectual property rights and privacy rights, (d) use our website or the Services to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of our website or the Services, (f) attempt to gain unauthorized access to our website, the Services or the Content or their related systems or networks, (g) access or use any HumanHand intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of our website, the Services or the Content or any part, feature, function or user interface of our website, (i) frame or mirror any part of our website, the Services or the Content, or otherwise incorporate any portion of our website, the Services or the Content into any product or service, (j) access or use our website, the Services or the Content in order to build a competitive product or service or to benchmark against a non-HumanHand product or service, (k) reverse engineer our website, the Services, or any software used to provide them (to the extent such restriction is permitted by applicable laws), (l) access or use any part of our website, the Services or the Content that is (expressly or implicitly) not intended for use by you, (m) use any non-HumanHand automation code in relation to our website, the Services or the Content (including any “bot” or “spider”), (n) collect or harvest any information from our website, the Services or the Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on our website, the Services or the Content, (p) probe, scan, or test the vulnerability of our website or the Services or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to our website or the Services, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our website or the Services or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to HumanHand or any other person on or through our website or the Services.
User Submissions.

The Services may enable you to provide and upload content that includes, but is not limited to, certification applications, dispute submissions, and messages, text, images, graphics, geographic data, personal information, and other information, data, material or content (collectively, "User Submissions"). You acknowledge and agree that you are solely responsible for all User Submissions submitted, provided or uploaded and the consequences of submitting, providing or uploading it.
HumanHand will use User Submissions in connection with providing the Services to you and to other users and visitors of our website. Except where you expressly withdraw your consent through our website, HumanHand may make User Submissions available to the public, including to other users of our website. You agree that by providing any of User Submissions in whatever form and through whatever means, you grant to HumanHand a perpetual, worldwide, irrevocable, non-exclusive, sublicensable, royalty-free license to use, reproduce, process, display, publish, distribute, and make available to the public (where you have not withdrawn your consent) all or any portion of such User Submissions in connection with providing the Services to you and to other users, and to incorporate User Submissions in any form into the Services. This license includes the right to host, index, cache or otherwise format User Submissions.
You represent and warrant that you own the User Submissions or have the necessary licenses, rights, consents and permissions to be granted the license set forth herein and that its provision to HumanHand and HumanHand's use of User Submissions will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any third party.
You agree that HumanHand is not responsible for any violations of any third party intellectual property rights in any of the User Submissions. You agree to pay all royalties, fees and any other monies owing to any person by reason of the User Submissions uploaded, displayed or otherwise provided by you to our website. You will only include in User Submissions the personal information of another individual if you have the express permission of that individual or if you are otherwise entitled to do so at law.
User Submissions, and any works of authorship submitted or referenced in a User Submission, shall not:

violate any applicable law including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms;
in any manner violate any third party right or any agreement between you and a third party;
include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age, or other such legally prohibited ground or be otherwise objectionable, such determination to be made in HumanHand’s sole discretion;
involve, provide, or contribute any false, inaccurate, unauthentic, disreputable or misleading information;
impersonate or attempt to impersonate HumanHand, its employee(s), another website user or visitor, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours);
transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of our website or other Services or expose them to liability;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
promote any illegal activity, or advocate, promote, or assist any unlawful act; or
give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

HumanHand has the right, without notice to:

remove or refuse to post any User Submissions for any or no reason in our sole discretion;
at all times, take such actions with respect to any User Submissions HumanHand deems necessary or appropriate in its sole discretion; and
restrict, suspend or terminate your right to use and access the Services for any reason HumanHand deems necessary or appropriate in its sole discretion, including in the event your User Submissions are false, fraudulent, misleading, inaccurate or infringing, misappropriating or violating a third party’s intellectual property or privacy rights under applicable laws.
take appropriate legal action, including, without limitation, referral to law enforcement or any other governmental authority with respect to User Submissions or your use of any of the Services. Without limiting the foregoing, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our website or other Services.
Make public any claims, investigations, actions or decisions pursuant to any of the above subparagraphs.

HumanHand has no obligation, nor any responsibility, to any party to monitor our website or the Services, and does not and cannot undertake to review User Submissions or any other material that you or other users submit. HumanHand cannot ensure prompt removal of objectionable material or falsified registry entries after it has been posted, and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
It is acknowledged that supplying false information may result in cancellation of a user’s account, revocation of the certification of works, civil and/or criminal legal action and the publication of any such undertakings.

Mobile Device Data Charges. You are solely responsible for any data and wireless charges and similar fees associated with your use of our website or the Services through a mobile device.
Reservation of HumanHand Rights. HumanHand has and will retain all right, title and interest in and to our website, the Services and Content and the software and systems used to provide them (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use our website and the Services. No rights are granted to you under these Terms other than as expressly set forth in these Terms.
License to Use Your Feedback. Where applicable, you grant to HumanHand and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into their services any suggestion, enhancement request, recommendation, correction or other feedback provided by you. As mentioned in our Privacy Policy, any non-identifiable information gathered by us through your use of our website and the Services may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of our website and the Services. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the foregoing purposes.
Third Party Services. Our website and the Services may allow you to access and use services provided by third parties, including when conducting transactions on our website or using a third party electronic wallet service (“Third Party Services”). You are responsible for all fees and taxes that may be charged for the use of Third Party Services. You use any Third Party Services at your own risk. HumanHand makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. HumanHand does not guarantee the continued availability of Third Party Services, and HumanHand may disable a Third Party Service in HumanHand’s sole discretion. Your dealings with the provider of any Third Party Services are solely between you and the provider of the Third Party Services. Accordingly, HumanHand expressly disclaims responsibility and liability for all Third Party Services, and you agree that HumanHand shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third Party Services. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
Links to Other Sites. Our website, the Services or the Content may provide links to websites of third parties that are in partnership with HumanHand. These sites have not necessarily been reviewed by HumanHand and are maintained by third parties over which HumanHand exercises no control. Accordingly, HumanHand expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
Content, Functionality and Access. HumanHand may at any time, with or without notice, without liability, and for any reason (a) remove any Content or User Submissions from our website or the Services, (b) remove any functionality from our website or the Services, (c) change any functionality on our website or the Service, (d) modify our website, and (e) deny any person access to our website or the Services. HumanHand furthermore reserves the right to take any action related to our website, the Services, the Content or any User Submissions that is required to comply with applicable law.
Disclaimer of Warranties. WITHOUT LIMITING ANY OTHER DISCLAIMERS SET OUT IN THESE TERMS, OUR WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF OUR WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK. HUMANHAND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS AND CONDITIONS (EXPRESS, IMPLIED OR STATUTORY) IN CONNECTION WITH OUR WEBSITE, THE SERVICES AND THE CONTENT, INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS, OR OTHER TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, AND NON-INFRINGEMENT. HUMANHAND MAKES NO REPRESENTATION OR WARRANTY OR ANY OTHER TERM THAT OUR WEBSITE, THE SERVICES OR THE CONTENT WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION, OR THAT OUR WEBSITE, THE SERVICES AND THE CONTENT WILL BE SECURE, OR THAT OUR WEBSITE OR ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OUR WEBSITE, THE SERVICES OR THE CONTENT, WILL BE FREE OF MALICIOUS CODE. HUMANHAND IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM OUR WEBSITE OR THE SERVICES. HUMANHAND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, THE SERVICES OR CONTENT. ANY CERTIFICATION BY HUMANHAND THAT A WORK OF AUTHORSHIP IS “HUMAN-MADE” IS SOLELY BASED UPON THE INFORMATION OR CONTENT MADE AVAILABLE TO HUMANHAND THROUGH THE APPLICATION PROCESS, AND HUMANHAND EXPRESSLY DISCLAIMS THAT A “HUMAN-MADE” CERTIFICATION IN AND OF ITSELF SHALL SIGNIFY THAT A WORK OF AUTHORSHIP DID NOT UTILIZE, IN WHOLE OR IN PART, GENAI. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, THE SERVICES AND THE CONTENT IS TO STOP USING THEM.
Limitation of Liability. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HUMANHAND (AND HUMANHAND’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS AND AGENTS, AND THE PROVIDERS OF CHANNELS, THIRD PARTY SERVICES AND THIRD PARTY CONTENT, AND THE SUPPLIERS OF PRODUCTS) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO OUR WEBSITE, THE SERVICES OR THE CONTENT, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, OR (B) $100.
No Claim for Certain Damages. IN NO EVENT WILL HUMANHAND (OR HUMANHAND’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD PARTY SERVICES AND ANY THIRD PARTY CONTENT) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF REVENUE, SAVINGS, INCOME, BUSINESS, PROFIT, GOODWILL OR REPUTATION WHATSOEVER BASED ON ANY LEGAL THEORY (INCLUDING TORT OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Some Disclaimers, Exclusions or Limitations May Not Apply. In some circumstances, applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnity. You will indemnify and hold HumanHand (and HumanHand’s directors, officers, employees, partners, suppliers and agents) harmless from all Losses arising from your use of our website, or the Services or the Content, or your breach of any of these Terms.
Export Controls. These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of our website, or the Services or the Content, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export our website, or the Services or the Content, or any information about any of them without the prior written consent of HumanHand and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
Amendments. The “last updated” legend above indicates when these Terms were last amended. HumanHand may unilaterally amend all or any part of these Terms at any time by updating these Terms on our website. We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may refuse the amendments and cease using our website, the Services and the Content within the 30-day notice period. There will be no cost or penalty for doing so. If you continue to access or use our website, or the Services or the Content after the 30-day period, you thereby agree to the amended Terms. You agree to review these Terms regularly to determine your rights and responsibilities.
Governing Law & Jurisdiction. These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) our website, or the Services or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and HumanHand each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (a) you agree that HumanHand shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (b) you agree that HumanHand shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgment, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order.
Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to HumanHand, such harm would not be quantifiable in monetary damages, and HumanHand would not have an adequate remedy at law. You agree that HumanHand shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that HumanHand post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HumanHand to enforce any provision of these Terms.
Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) our website, the Services, and the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor HumanHand will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable with respect to all or some parts of a dispute, then this section will not apply to those parts.
General. If any provision of these Terms is unlawful, void, or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of HumanHand granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. These Terms, together with any additional service terms presented on our website (“Additional Service Terms”) represent the entire agreement between you and HumanHand with respect to use of our website, the Services, and the Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and HumanHand with respect to any of the foregoing. Failure by HumanHand to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by HumanHand of that or any subsequent default or failure of performance. HumanHand’s affiliates, HumanHand’s directors, officers, employees, partners, suppliers, and agents are third party beneficiaries of the sections titled “Disclaimer of Warranties”, “Limitation of Liability”, “No Claim for Certain Damages” and “Indemnity”. There are no other third party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of HumanHand. HumanHand may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and HumanHand and your and its respective successors and permitted assigns.