This Agreement supersedes any previous agreement to which you and Helpi may have been bound. This Agreement may be modified by Helpi in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Helpi on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately terminate your registered Helpi account, if any, as outlined below, and please immediately stop participating in the Program and accessing and using the Website.
ADDITIONAL WEBSITE FEATURES
Helpi may offer certain promotions and promotional products to Users. Any specific terms posted by Helpi with respect to such promotions and promotional products, as well as this Agreement, shall apply to all Users’ participation in the promotion and use of promotional products.
HELPI RESOURCES and INDEPENDENT EVENTS
Helpi does not review, approve, endorse, advise, or provide organizational oversight of Helpi-themed events established or held by persons who are not Helpi employees or formal volunteers. While Helpi makes resources available, such as event ideas (collectively, the “Resources”), individuals and groups that use the Resources do not have any official affiliation with Helpi. Although Helpi does not provide direct oversight or guidance to Helpi-themed events, you agree to uphold Helpi’s values at all meetings and events, and in any promotion, group or event. This means that you will promote an environment where all group members and/or event attendees are treated with respect, and are not discriminated against based on factors such as race, ethnicity, religion, gender or gender identity, sexual orientation, age, national origin, disability, or socioeconomic status.
You agree and understand that all Resources are provided on an “AS IS” and “WITH ALL FAULTS” basis, without warranties or representations of any kind, either express or implied. Your use of the Resources is at your sole risk, and Helpi expressly disclaims all liability arising from or relating to the Resources. While Helpi strives to provide useful and accurate information, Helpi does not warrant that the information offered in the Resources is free of errors or opinion biases. You further understand and acknowledge that you may be exposed to content that may be deemed offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Helpi with respect to the Resources.
YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR THAT MAY BE SUSTAINED BY OTHERS IN CONNECTION WITH YOUR USE OF THE RESOURCES AND/OR YOUR HELPI-THEMED MEETINGS OR EVENTS. YOU HEREBY RELEASE AND FOREVER HOLD HARMLESS HELPI FROM AND AGAINST ANY LIABILITY ARISING FROM SUCH INJURIES AND/OR DAMAGES.
ACCEPTABLE USE OF WEBSITE
You may not use the Website in any manner that could damage, disable, overburden or impair the Website or software, systems or equipment of Helpi or any User, Field Partner, or other person. You may not use the Website in any manner that, in Helpi’s sole discretion, creates a poor user experience for any other User, such as by posting content specifically designed to attract a negative reaction from an individual or group, or by “keyword stuffing” lending team pages (loading a page description with keywords in an attempt to manipulate the page’s ranking in search results). Although Helpi assumes no obligation to monitor the conduct of any User on or off the Website or through the Program, it is a violation of this Agreement to use the Website or Program, or any information obtained from the Website or Program, in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in messages or creating or discussion panels in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or otherwise limiting their use, (iii) promote or enable illegal activities, (iv) defraud or deceive any person, (v) promote or solicit involvement in support of any political platform, legislation or campaign activity for or against political candidates, (vi) publicly share information about a Borrower’s delinquency or default, (vii) access and use the Website by scripts, bots or other automated technology, (viii) contact, advertise to, solicit, “spam,” or sell to any User, Partner, Donor or other person without their prior explicit consent, or (ix) post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Helpi’s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; is defamatory, libelous, or invades another person’s privacy or proprietary rights; or contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices.
Helpi reserves the right at all times (but will not have an obligation) to restrict, suspend or terminate the participation of any User or any lending team from the Website and the Program at any time, with or without prior notice. In order to protect Users and other persons from advertising, solicitation or harassment, Helpi reserves the right to remove or refuse to post or distribute any content from the Website that violates acceptable use in Helpi’s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Helpi deems appropriate, in Helpi’s sole and absolute discretion.
To protect your own safety and well-being, you agree to take prudent safeguards and precautions in your participation in the Program, including without limitation in your interaction with other Users, whether offline or online. Helpi strongly recommends that you do not post any personal contact information (for example, personal email addresses, personal phone numbers or home addresses) and use your discretion if any person (a) requests to communicate outside of the Website (for example, by email, phone or in-person), (b) requests money, goods or any similar type of assistance other than through an officially available on the Website, (c) asks for assistance with personal transactions, or (d) requests your personal contact information or financial information. You agree never to share (i) your credit card number or bank information, (ii) Social Security Number or government-issued identification numbers (for example, driver’s license number) or (iii) mother’s maiden name or other private information that can be used to access your financial information. As with any interaction, keep in mind that it is always possible for people to misrepresent themselves.
In consideration of your use of the Website or participation in the Program, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data“); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Helpi, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to impersonate any person or entity. You will promptly report to Helpi any violation of this Agreement by others of which you become aware.
“Helpi,” the “Helpi” logo and other Helpi graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Helpi (collectively, “Helpi Marks“). Helpi Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Helpi. Helpi or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Helpi thereon (collectively, “Content“). The Website and Program contain the copyrighted material, trademarks and other proprietary information of Helpi and its licensors. You may display and make limited copies of the Content (other than the Helpi Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, prior written permission of Helpi. In addition, to the extent you receive information from Helpi, and that information is later removed from the Website, you may not further disclose or otherwise provide such information to another party in a way that allows a personal identification of such person, if such person has opted to have his or her identity withheld on the Website.
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials on the Website or to Helpi in connection with or arising from your participation in the Program, including without limitation any feedback provided to Helpi (collectively, “User Generated Content“), you agree to grant, and hereby grant to Helpi an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and agree to hold harmless Helpi from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
To file a notice of infringing material on the Website, please provide a notification containing the following details:
- Reasonably sufficient details to enable Helpi to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient details to enable Helpi to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that Helpi can contact you (for example, your address, telephone number, email address);
- A statement that you have a good faith belief that the use of the material identified by you is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Then send this notice to:
Helpi, 1201 S Eads,
Arlington, VA 22202, USA
If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Helpi is located and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Then send this notice to Helpi based on the contact information provided above in this Section.
THIRD PARTY SITES and CONTENT
The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Sites“), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content“). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Helpi, and Helpi is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Helpi. If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that Helpi’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
DISCLAIMERS and LIMITATION OF LIABILITY
Helpi is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Website or Program, whether caused by any User, Partner, or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Partners are not liable for content created and posted on the Website. Helpi is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website and Program, Helpi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Helpi is not responsible for your interactions with any Partners, any other User or any Donors (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions. Helpi reserves the right, but has no obligation, to monitor disputes between you and such persons.
Under no circumstances will Helpi be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, including without limitation any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website or Program, whether online or offline. Helpi does not represent, warrant, covenant, guarantee or promise any specific results from use of the Website or the Program.
THE WEBSITE AND PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT (INCLUDING THIRD PARTY DATA PROVIDED TO HELPI) OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE AND OFFLINE INTERACTIONS WITH ANY PERSON.
Helpi will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Helpi or “force majeure” or any other cause beyond the control of Helpi.
You understand that any and all decisions made by you with respect to the Website and Program are yours alone. Helpi cannot and does not verify the accuracy of information from Partners, other Users, or Donors. Helpi shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. You acknowledge and agree that Helpi is not acting as your fiduciary, and Helpi assumes no advisory or fiduciary responsibility with respect to you in connection with the Website or your participation in the Program (including without limitation, regarding your funding of Loans). In addition, in no event will Helpi be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Helpi has been advised of the possibility of such damages, costs, losses or expenses.
GOVERNING LAW; DISPUTES RESOLUTION; ARBITRATION and WAIVERS
This Agreement is governed by the laws of the Washington, D.C., USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Helpi, including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Washington, D.C., if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Helpi is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Helpi. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by applicable statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Helpi may seek any injunctive relief in a state or federal court in Washington, D.C., as may be necessary to preserve rights pending the completion of arbitration and Helpi may seek any injunctive relief in a state or federal court in Washington, D.C., or another court of competent jurisdiction, at any time against any violations of Acceptable Use or Proprietary Rights of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND HELPI HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Helpi harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
TERM and TERMINATION
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. From time to time, Helpi may make features available to Users as part of the Program. Helpi reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to participate in the Program, use the Website, or take advantage of any Helpi services, may be determined by Helpi in its sole and absolute discretion. You may terminate your participation in the Program and registered account at any time and for any reason by sending a written notice of termination to Helpi, such notice to be effective within three (3) days of receipt by Helpi. Helpi may also terminate your participation in the Program and registered account at any time and for any reason, effective upon transmission of notice to you at the email address you provide to Helpi. If your participation in the Program and registered account is terminated by Helpi, you agree not to access or use the Website or participate in the Program. If you violate this Agreement or if your participation in the Program or registered account is terminated, Helpi has the right to delete your profile and remove your User Generated Content.
ENTIRE AGREEMENT; SEVEREABILITY; ASSIGNMENT
This Agreement, accepted upon your access and use of the Website or participation in the Program and further affirmed by becoming a User, contains the entire agreement between you and Helpi regarding the use of the Website or the Program.
This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Helpi has the right to delegate, assign and otherwise transfer any or all of its rights and duties under this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Please contact us at [email protected] with any questions regarding this Agreement, or to request a written copy of this Agreement.