Driver Terms and Conditions
You are agreeing to the following Terms and Conditions by registering as a Driver on the GARDIAN website. These Terms and Conditions represent a binding contract between you and GARDIAN LLC. GARDIAN LLC is the owner and operator of GARDIAN as well as any mobile applications made available on iOS or Android devices, and any other affiliated applications as developed by GARDIAN LLC. For purposes of this contract (alternately referred to as “Contract” “Terms and Conditions” or “Agreement”) any reference to “we” “us” or “our” shall refer solely to GARDIAN LLC., any references to “you” or “your” within this document shall refer to you, the Driver utilizing the GARDIAN LLC website, mobile application.
Except as otherwise defined in this Agreement, capitalized terms have the following meanings.
“Customer” is a customer, whether registered or not registered, of GARDIAN that utilizes GARDIAN LLC’s personal driving service to utilize, accept and allow to Drivers willing to provide personal driver/chauffeur services on demand.
“Driver” is a registered driver of GARDIAN that utilizes GARDIAN LLC’s platform to avail themselves to clients/customers in order to provide personal driver/chauffeur driving services.
Description of Service
GARDIAN LLC is a platform service that provides you information about where and when you may perform personal driving services. By signing up with this service (referred to as “online service,” or simply “service”), we agree to provide you with accurate information about customers that you may drive. In exchange, we require compliance with this Agreement, as detailed in the terms of this document. By creating an account, you are agreeing to abide by all of the terms and conditions in this Agreement. As a driver you agree never to use a customer’s vehicle for any personal matters whatsoever. This includes, but Is not limited to buying food, visiting family, returning home during an active job, etc.
By completing the Driver registration application, you will receive a username and password to access an online account with GARDIAN LLC gardian.com. You will be responsible for managing and keeping confidential the online account and its password, and are solely responsible for any and all activities that occur under your account.
As a GARDIAN account holder, you agree to (a) directly notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you always log off from your account at the end of every session. You agree that GARDIAN LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You understand, consent and agree that GARDIAN LLC may access, preserve and disclose your account information if, at our discretion, we believe doing so is in any way necessary to: (a) abide by legal process; (b) enforce the Terms and Conditions; (c) protect the rights, property and personal safety of GARDIAN LLC, its customers/users and the public.(d) respond to claims that any online content that violates the legal rights or obligations of third parties with whom we contract or; (e) respond to your requests for customer service
GARDIAN LLC, in its sole discretion, explicitly reserves the right to directly modify, suspend or terminate your account and refuse current or future use of our online services/platform. Reasons for doing so include, but are not limited to, instances in which GARDIAN LLC believes in its sole discretion, you have: (i) violated or tried to violate the legal rights of others to associate with and/or use the services of GARDIAN LLC; or (ii) have violated this Agreement. You hereby agree that, under this Agreement, GARDIAN LLC is not required to provide you with any prior notice of termination of your account.
By creating an online account, you acknowledge and understand that the software that embodies GARDIAN includes certain security aspects that allow us to protect, record, and maintain data that is utilized by operation of the software and your personal privacy. By using any software provided by the online platform, you agree that you shall not attempt to override or bypass any such protective, recording, or preservation measures, including but not limited to the usage rules within the software.
• You agree to use GARDIAN only while abiding by the law.
• You agree to not make any disparaging remarks about GARDIAN LLC, its employees, other drivers, or clients.
• You agree to act in a professional, courteous and accountable manner in performance of all driving services provided by GARDIAN LLC.
• You agree to use GARDIAN only for its intended purposes.
• You agree not to interfere with GARDIAN LLC/Gardian.com
• You agree not to interfere with or put in jeopardy the security of GARDIAN LLC/Gardian.com, or any computer, account, network, server, data, software and/or hardware associated with GARDIAN LLC/Gardian.com
• You agree not to disrupt or interfere with any other visitor’s use of GARDIAN LLC/Gardian.com
• You agree not to attempt to access to any section of GARDIAN LLC/Gardian.com, any computer, account, network, server, software and/or hardware associated with GARDIAN LLC/gardian.com from which you are prohibited.
• You agree that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to GARDIAN and the Internet, including United States copyright law and you agree that you are solely responsible for any actions you undertake while visiting GARDIAN.
• You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to GARDIAN LLC, gardian.com and the GARDIAN online Platform.
• You authorize that all information you provide to acquire access to the services provided by GARDIAN is accurate and truthful.
• GARDIAN LLC reserves the right to disallow any conduct involving GARDIAN that it deems to be improper or illegal.
• GARDIAN LLC does not knowingly or intentionally collect personal information from children under the age of 13. The content of GARDIAN is intended for adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to GARDIAN LLC.
The following conditions exist by which you may receive compensation:
1. Personal Driver On-Demand: When a customer is billed at the rate of $30.00-$40.00 per hour for the Personal Driver On-Demand option, you shall be compensated at the rate of $25.00 per hour including gratuity for services related thereto that you provide. Additional gratuity can be added at the discretion of the customer for the driver, 100% of which goes directly to the driver (less applicable credit card fees)
Your total compensation under this provision, shall be paid out directly to you the driver, no later than fourteen (14) days from the date GARDIAN LLC receives compensation from the client. Upon arrival at the pickup location, you are expected to wait a reasonable grace period of up to 15 minutes for the client. You may begin charging for driver services as per the aforementioned rates through the online platform if the Customer isn’t present.
You hereby agree that GARDIAN LLC may alter any rates of compensation at any time, without prior notice to you, to affect any future services under this Agreement. Under GARDIAN LLC’s sole discretion, the company reserves the complete right to withhold or refuse payment to any Driver in partial, or full, and may do so for whatever reason and at any time. Without limiting the foregoing, in the event that GARDIAN LLC arranges for any Driver to provide driving services for clients and such Driver does not follow through in providing such driving services after such Driver has accepted such business, then GARDIAN LLC reserves the right to withhold all or any part of the compensation then owing to such Driver for prior services performed as liquidated damages for the purpose of defraying GARDIAN LLC’s expenses and lost business incident to such Driver’s failure to follow through and perform the business. Driver agrees that the withholding of such compensation is a reasonable forecast of just compensation for anticipated and actual harm incurred by GARDIAN LLC, and that the actual harm incurred by GARDIAN LLC cannot be estimated with certainty and without difficulty. The withholding of compensation is in additional to, and not in lieu of, GARDIAN LLC’s other rights and remedies hereunder or under applicable law.
Once an online account is created, and/or you begin accepting driving services with GARDIAN LLC, you hereby agree to keep confidential all Customer information, including but not limited to names, contact information, addresses, insurance information, vehicle information and any other information ascertained as a result of your relationship with GARDIAN LLC.
You are prohibited from using or disclosing, in any manner or to any person, any fact or occurrence that was garnered from a driving service related to your relationship with GARDIAN LLC. You are prohibited from publishing to any person any information related to driving services that may be of a personal or confidential nature, including but not limited to personal observations which, should they be disclosed, would be humiliating, or cause any individual to be held in lower esteem in their community or the community in which the information is published. This term does not apply where disclosure is required (i) to comply with the terms and conditions set forth in this Agreement (ii) to otherwise comply with legal process; (iii) by law; or (iv) to keep safe any individual from immediate risk of serious physical or financial harm.
The preceding restriction shall continue in effect in perpetuity, and shall continue past the expiration or termination of your status as a registered Driver for GARDIAN LLC.
If you infringe on this provision, GARDIAN LLC may, in its sole discretion and without notice (i) suspend or terminate you from current or future employment through GARDIAN LLC; (ii) pursue any remedy necessary to enforce this provision in a court of law; and (iii) and recover damages related to enforcing this provision including but not limited to (a) damages in the amount that may be obtained were the Customer to pursue any related claim against you in a court of law; (b) moneys that are paid in settlement or award of a claim against GARDIAN LLC; (c) costs; (d) expenses; and (e) attorney fees.
You are forbidden from providing driving services to the customer/clients you receive from GARDIAN LLC except through your agreement and contract with GARDIAN LLC, using only the platform provided to you. You hereby agree that providing additional personal driving services of the same nature provided to Customer/clients from GARDIAN LLC, and to Customer/clients you ascertain through GARDIAN LLC’s platform, is a material breach of this Agreement, you hereby waive any rights or remedies you have against GARDIAN LLC under this agreement or under applicable law and all rights and protections provided by this Agreement to you are null and void.
If a GARDIAN LLC client contacts you directly asking to provide driving services outside of GARDIAN LLC/ GARDIAN.com you must report the Customer name to GARDIAN LLC as soon as possible, no matter the circumstance. It is a material breach of this Agreement to not report a GARDIAN LLC Customer that contacts you directly for driving services.
If you are in breach of this provision, GARDIAN LLC may, without notice and in its sole discretion, in addition to any actions available under applicable law, (i) suspend or terminate you from current or future personal driving services through GARDIAN LLC; (ii) pursue any remedy necessary in a court of law to enforce this provision; and (iii) and recover damages related to enforcing this provision including but not limited to (a) costs; (b) expenses; (c) lost profits and (d) attorney fees.
The preceding provision shall apply so long as you are registered as a Driver with GARDIAN LLC, and for a period of three (3) years thereafter. If enforcement of this restriction is not allowed to the extent of the law of your jurisdiction, then the restriction will be as broadly interpreted as the law of your jurisdiction will allow.
Copyright, Trademark and Intellectual Property
All content, material and information made accessible by GARDIAN LLC through GARDIAN LLC/ GARDIAN.com platform including, without limitation, any design, drawings, computer code, photographs, text, graphics, video recordings and sound recordings as well as any trademarks, copyrights, patents or other intellectual property or proprietary rights encompassing GARDIAN or any component or element of GARDIAN (collectively, the “Content”) is owned by or licensed to GARDIAN LLC. The collection of the Content on GARDIAN is the exclusive property of GARDIAN LLC and its licensors and is protected by U.S. and international copyright law.
All rights in the Content of GARDIAN LLC/ GARDIAN.com are retained by GARDIAN LLC and its licensors. The Content may not be copied, disseminated, downloaded, altered, displayed, e-mailed, shared, performed or sold in any way, shape or form, in whole or in part, without the prior written approval of the respective owner thereof.
GARDIAN LLC allows you to display and print the Content of GARDIAN (with exception of the computer code comprising GARDIAN LLC/ GARDIAN.com) for your personal, non-commercial use only; provided, that, even if you display or print the Content of GARDIAN as permitted hereunder, you may not modify, reproduce, transmit, distribute, publicly display or perform, or create derivative works from that Content and you must retain all copyright and other proprietary notices contained in or on the Content.
The Content may not be used in conjunction with any service or information that is not GARDIAN LLC’s or in any manner that disparages GARDIAN LLC or is likely to cause confusion among consumers. If you breach this Agreement, the rights granted herein are automatically null and void. Upon termination of these rights, you must immediately destroy any Content you displayed or printed.
GARDIAN LLC and all derivations thereof are trademarks of GARDIAN LLC. Other marks used on GARDIAN are either registered trademarks, trademarks, service marks, trade names, or otherwise protected property of GARDIAN LLC and may not be used, imitated or copied without the prior written approval of GARDIAN LLC.
You hereby acknowledge and agree that you are an independent contractor receiving personal driving opportunities from GARDIAN LLC. You hereby acknowledge that you are not an employee of GARDIAN LLC. You and GARDIAN LLC agree that this relationship does not create any actual or apparent partnership, agency, franchise, or relationship of employer and employee between the parties. You are not authorized to represent yourself as the agent or legal representative of GARDIAN LLC. and you shall not enter into or commit GARDIAN LLC to any agreements.
As an independent contractor you will not receive or participate in any benefits, including without limitation any health or retirement plans. You are not entitled to any other compensation, benefits, or expenses, other than provided for in this agreement.
GARDIAN LLC does not assume liability for taxes, employer’s FICA, Worker’s Compensation, unemployment insurance, employer’s liability, withholding tax, social security, or other taxes or withholding for or on behalf of you or any other person consulted or employed by you in performing services under this Agreement. You will be held responsible for all such costs.
Alteration of GARDIAN LLC/ GARDIAN.com
At any time, GARDIAN LLC may alter, modify or discontinue any feature, aspect, or service available through GARDIAN. GARDIAN LLC may alter the availability of any feature of the GARDIAN platform or service related to any feature of GARDIAN at any time. GARDIAN LLC may add, delete or alter any content of GARDIAN LLC/ GARDIAN.com, including that of third parties, at any time.
As a condition of receiving referrals from GARDIAN LLC, you are required to maintain current coverage by and carry proof of your respective state’s minimum motor vehicle insurance. You shall provide a copy of the policy to GARDIAN LLC prior to receiving personal driving opportunities.
You agree to inspect the Customer’s vehicle for any scratches, dents, or any other preexisting damages prior to beginning of any job. You agree to make a written and photographic record of these damages and bring them to the Customer’s attention prior to the beginning of the order.
You agree that you will notify GARDIAN LLC immediately if you or the referred individual does not have insurance for any reason, including failure to purchase, cancellation, or lapse.
Laws and Safety Guidelines
You are required to drive safely and obey all applicable laws, including but not limited to any posted traffic and safety laws, at all times while performing the driving services contemplated in this Agreement.
The following occurrences are prohibited during the existence of this Agreement between you and GARDIAN LLC, and may lead to termination of your account:
1. Arrest or conviction of any major traffic offense
2. Any conviction for DUI (driving under the influence) or DWI (driving while intoxicated)
3. Suspension or loss of your driver’s license or your unrestricted driving privileges.
4. Conviction of any felony, or any other crime involving moral turpitude.
5. Suspension or loss of your automobile insurance.
6. A belief, formed by GARDIAN LLC and manifested in its sole discretion and in reliance on any available information, that you have provided driving services through this Agreement while using, having used, or under the influence of any chemical agent or substance that causes intoxication or substantial impairment of the senses required to operate a motor vehicle.
8. Any false statements made on your driver registration form.
9. Using a mobile device while driving, including, but not limited to, texting while driving or using an app or the internet while driving.
You agree to hereby release and indemnify GARDIAN LLC and its owners, directors, employees, agents and other representatives from and against any liability for any injury, loss or damage resulting from a referral from GARDIAN LLC. You agree to hereby indemnify, defend and hold harmless GARDIAN LLC and its officers, directors, employees, agents and other representatives from and against all damages, losses and causes of action including without limitation damage to property, bodily injury, or death to the extent caused by:
1. Breach of any terms and conditions of these Terms and Conditions by you or GARDIAN LLC;
2. Negligent or willful acts by you or GARDIAN LLC;
3. Non-compliance or breach of any applicable law, rule or regulation by you or GARDIAN LLC; and/or
4. Infringement of any right of any third party by you or GARDIAN LLC.
You hereby acknowledge that, if due to your negligence, the referred Customer’s vehicle gets towed, ticketed, or the vehicle’s battery dies; you, and not GARDIAN LLC, will be solely responsible for the payment of any corresponding costs that are the actual and proximate result of that negligence.
Procedure in Case of Accident or Injury
In case of an accident, injury, violation of law, or violation of the terms and conditions of this Agreement by any person, you agree to provide immediate, written notice to GARDIAN LLC. Written notice shall include a detailed narrative of the event or violation, including where it occurred, when it occurred, who was involved, and what damages are alleged, sent to “911@GARDIAN.com”
Once you notify GARDIAN LLC of any accident or injury to persons or property, GARDIAN LLC will provide you with the information necessary to contact the referral Customer and his/her insurance carrier. You will have the sole responsibility of pursuing any claim, should you feel that one exists, with your insurance carrier or a referred Customer and his/her insurance carrier.
You also agree to fully and timely cooperate in any investigation by GARDIAN LLC of any incident reported by you, a referral Customer, or any other person; any suit brought by a third party; and/or any process of binding arbitration that may affect a right or interest of GARDIAN LLC. You acknowledge that your cooperation shall include, when relevant, release of any insurance information and medical information and/or tests, including your medical and law enforcement records, related to any accident, injury, violation of law, or violation of the terms and conditions of this Agreement.
GARDIAN LLC carries general corporate, automobile liability, and automobile collision insurance that may, in limited instances, and on a case by case basis, cover damage and loss in the event of certain automobile accidents. For GARDIAN LLC to consider a claim under GARDIAN LLC’s corporate policies you must submit an official police report of the accident. GARDIAN LLC on a case by case basis, in its sole discretion and at any point with or without cause, can make the decision to not pursue any claim brought by a Customer or Driver.
EXCEPT AS PROVIDED IN THIS AGREEMENT, GARDIAN IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. GARDIAN LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF GARDIAN LLC/ GARDIAN.com, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH GARDIAN LLC/GARDIAN.com.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR THROUGH GARDIAN (BY LINK OR OTHERWISE) AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM USE OF SUCH INFORMATION.
YOU AGREE THAT GARDIAN LLC IS NOT RESPONSIBLE FOR AND CANNOT GUARANTEE AGAINST THE INTRODUCTION OF VIRUSES OR WORMS, OR UNAUTHORIZED USERS ATTEMPTING TO ACCESS, OR OBTAINING ACCESS TO GARDIAN OR YOUR COMPUTER OR OTHER SYSTEMS FROM OR THROUGH GARDIAN LLC/ GARDIAN.com.
GARDIAN LLC MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO OR DISCONTINUE GARDIAN OR ANY PAGE OF GARDIAN AT ITS DISCRETION, AT ANY TIME, WITHOUT NOTICE.
YOU AGREE TO VISIT GARDIAN SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF GARDIAN.com, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH GARDIAN IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT GARDIAN WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH GARDIAN ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT IN RELATION TO THE CONTENT, INFORMATION, SERVICE OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH GARDIAN LLC/ GARDIAN.com.
Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING GARDIAN SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF GARDIAN LLC/GARDIAN.com, THE SERVICE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE GARDIAN LLC/ GARDIAN.com, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OUTSIDE OF OUR CONTROL, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, INTERNET FAILURE, UNAUTHORIZED ACCESS, THE COMPANY’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH GARDIAN LLC/ GARDIAN.com. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, GARDIAN LLC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION. IF YOUR USE OF GARDIAN OR THE CONTENT, INFORMATION, PRODUCTS OR SERVICES PROVIDED AT, THROUGH OR IN CONNECTION WITH GARDIAN OR ANY OTHER WEBSITE LINKED TO GARDIAN RESULTS IN ANY LOSS TO YOU, OR RESULTS IN THE NEED FOR ANY SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME RESPONSIBILITY FOR ALL SUCH LOSSES AND ALL COSTS ARISING THEREFROM OR ASSOCIATED THEREWITH.
Any failure by GARDIAN to exercise its rights as stated in this Agreement shall not constitute a waiver thereof. You shall not be entitled to a waiver of any of the terms or conditions of this Agreement unless one is obtained in a writing signed by both you and GARDIAN LLC.
Except through GARDIAN or with express permission from GARDIAN LLC, you hereby agree that you shall not create or participate in any advertisement that identifies both you and any affiliation with GARDIAN or GARDIAN LLC. “Advertisement” is defined as any informational message, including any radio advertisement, billboard, flyer, leaflet, or other physical medium; or any website, mobile application, banner ad, or other digital medium that either identifies GARDIAN or GARDIAN LLC, and/or uses any of its intellectual property, including copyrighted text, pictures, and images; and marks protected by US trademark laws.
You agree that GARDIAN LLC retains sole authority to advertise its service, and may continue to do so in its sole discretion, notwithstanding the terms, conditions and obligations set forth in this Agreement. GARDIAN LLC also has the sole authority to use your name, image, likeness, personal attributes, and/or driving record to promote its service and your relation thereto.
Any dispute over this Agreement or any other matter between you and GARDIAN LLC shall be subject to binding arbitration in the State of New Jersey, city of Red Bank, with an arbitrator chosen by GARDIAN LLC. You and GARDIAN LLC agree to share the cost of the arbitrator.
GARDIAN LLC reserves the right to amend this agreement at any time, without notice, to affect future dealings between you and GARDIAN LLC. You may not alter this Agreement, your obligations, or our obligations unless such an alteration is obtained in a writing signed by both parties.
Breach of any of this Agreement shall entitle GARDIAN LLC, in its sole discretion, to suspend or terminate your registration as a Driver receiving personal driving opportunities through the GARDIAN LLC.
This Agreement constitutes the entire agreement between both parties, and supersedes all prior oral or written promises and contracts regarding your use of the services of GARDIAN LLC.
YOU ARE NOT REQUIRED TO CARRY A FIREARM.
If you choose to Carry a firearm, you must have Concealed carry permit or police identification, on your person, granting you authority to carry said firearm. The firearm must be carried in a authorized holster ON YOUR PERSON, and OUT OF SIGHT to the client(s). If you have to leave the firearm, it is to be stored in an INOPERABLE state and INACCESSIBLE place.