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Date of Last Revision: September 30, 2009
Welcome to the Help Each Other website, a cause-based social network providing users with an Internet platform, electronic tools, features and services enabling users to help each other and do social good. The Help Each Other service and network (collectively, "the Service") are operated by Help Each Other Corp. and its corporate affiliates (collectively, "us", "we" or "Help Each Other"). By accessing or using our web site at www.helpeachother.com (the "Site"), you (the "User" and together with all other users of the Site and/or the Service "Users") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Help Each Other.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. YOUR USE OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE.
HELP EACH OTHER DOES NOT PRESCREEN ANY POSTINGS ON THE SITE AND DOES NOT INVESTIGATE ANY OFFERINGS POSTED ON THE SITE. WE STRONGLY ENCOURGAE YOU TO RESEARCH AND LEARN AS MUCH AS POSSIBLE ABOUT THE INDIVIDUAL OR ORGANIZATION THAT YOU WILL BE DONATING TO OR INTERACTING WITH.
CHANGES TO THESE TERMS OF USE
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
USER ACCOUNTS, SECURITY AND PRIVACY
THIS SITE IS INTENDED SOLELY FOR USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER. ANY REGISTRATION BY, USE OF OR ACCESS TO THE SITE BY ANYONE UNDER 13 IS NOT AUTHORIZED UNDER THESE TERMS OF USE.
From time to time we may ask you to provide certain information in connection with your use of the Service. If you do not want to provide this information, certain features of the Service may not be available to you for your use. If you choose to provide such requested information, you agree to provide accurate, current and complete information and update such information from time to time to keep it complete and current. If the information your provide falls within the scope of Help Each Other's Privacy Notice, such information will be used in accordance with our then-current Privacy Notice, which is hereby incorporated by reference. (Privacy Policy) By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
In some cases we may permit you to open a user account and in such case you agree to maintain the security of your password and identification and be fully responsible for all use of your account and for any actions that take place using your account.
PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
All content on the Site and available through the Service, including text, graphics, pictures, video, information, software, sound (including their selection and arrangement) (collectively, the "Content"), are the proprietary property of Help Each Other or its licensors. You are not permitted to modify, copy, distribute, frame, republish, download, scrape, display, post, transmit and upload at another site or sell, in whole or in part, or in any manner, the Content, without Help Each Other's prior written permission. Subject to these Terms of Use, you are granted a nonexclusive, revocable license to access and use the Site (including the Content) solely for your personal, non-commercial use, and only in accordance with applicable law for legal purposes. You agree that you will not remove or alter any copyright or other proprietary notices included on the Content. You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods in connection with the Site and the Service. Help Each Other reserves all rights in the Site and Service not expressly granted to you herein. Without limiting the foregoing, you acknowledge and agree that no rights or licenses are granted to Help Each Other's trademarks, service marks and logos.
YOUR CONTENT
However, to the extent that you provide Content to the Site or through the Service ("Your Content") the foregoing restrictions on the use of Content would not apply to you with respect to Your Content. By posting Your Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Help Each Other an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) distribute and exploit Your Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. You acknowledge and agree that Help Each Other is not obligated to copy, modify, display, distribute, frame, republish, download, post, transmit, upload and exploit Your Content.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You are solely responsible for Your Content. You may not post, transmit, or share any Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Help Each Other may, but is not obligated to, review the Site and may delete or remove (without notice) any Content (including Your Content) in its sole discretion. You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content you post or store on the Site or provide to Help Each Other.
You may remove Your Content from display and availability on the Site at any time. If you choose to remove Your Content, you acknowledge that Help Each Other may retain archived copies of Your Content. Help Each Other does not assert any ownership over Your Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of Your Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, provided by you to Help Each Other ("Feedback") are non-confidential and Help Each Other shall be free to use and exploit such Feedback without restriction for any purpose, commercial or otherwise, without notice or compensation to you.
HELP EACH OTHER CODE OF CONDUCT
The Users of this Site agree to be bound by the conduct consistent with the mission of the Site, which is people helping each other to make a better world. Users shall use the Services of this Site in complete truthfulness, accountability and transparency. Users will be accountable to the community of Users and Help Each Other for the authenticity of their identity, their causes and use of services and funds received through Help Each Other for the persons, charities and causes as posted on the Site.
You agree not to use the Service or the Site to:
  • collect email addresses or other contact information of other Users from the Service or the Site, including for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the operation of the Site or Service;
  • use automated scripts or software routines to collect information from or otherwise interact with the Service or the Site;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliate with any person or entity or use or attempt to use another's account, service or system without authorization from Help Each Other, or create a false identity on the Service or the Site;
  • make available any advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation through the Service or the Site;
  • solicit personal information from anyone under 13 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • make available any Content on the Site or through the Service that (i) is illegal or, encourages or provides instructions for a criminal offense, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, (ii) intimidates or harasses another, (iii) is a virus or any other software which has the effect of interrupting, destroying or limiting the functionality of the Service or the Site or any computers or software that interacts with the Service or Site, (iv) is any image that is not owned by you or include images of persons who have not consented to have their image available for others to view through our Service or the Site, (v) that can reasonably be considered harmful, threatening, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable, (vi) is the private information of any third party, including, address, phone numbers, email addresses, Social Security numbers and credit card numbers, or (vii) in the sole judgment of Help Each Other, is objectionable or which restricts or inhibits any other person form using or enjoying the Site, or which may expose Help Each Other or its Users to any harm or liability of any type.
LINKS TO OTHER WEB SITES
Our site may provide information from third parties and links to third party websites. We are not responsible for examining or evaluating, and we do not warrant the offerings (including products or services) or the content of this third party information and web sites. Help Each Other does not assume any responsibility or liability for the actions, product, and/or content of any other third parties. Help Each Other is not responsible or liable, directly or indirectly, for any damage or loss cause or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, services or other materials on those web sites. If you use third party links or information, you do so at your own risk. You should consult the respective terms and conditions of these third-party websites. Reference of information about a third party or a link to a third party website is not an endorsement by Help Each Other.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or through the Service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Help Each Other Digital Millennium Copyright Act (DMCA) Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the DMCA. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Help Each Other DMCA Policy for more information on how to report infringement of your copyright (DMCA Policy)
In accordance with the DMCA and other applicable law, Help Each Other has adopted a policy of terminating, in appropriate circumstances and at Help Each Other's sole discretion, members who are deemed to be repeat infringers. Help Each Other may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
LISTING RULES FOR POSTING REQUESTS AND OFFERS
All listings posted on or through the Site and all transactions conducted in connection therewith are subject to and governed by these Terms of Use. When you use the Site in any manner you are agreeing to abide by and be subject to these Terms of Use. Parties to a transaction are solely responsible for all interactions with each other, for arranging for the exchange of the goods or services donated if applicable, and for the results and performance of any transaction or relationship entered into through the Site. You acknowledge that Help Each Other is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. ALL USE OF THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND AT YOUR OWN RISK.
All listings and all transactions entered into through the Site must comply with all applicable laws, rules, regulations and restrictions, and you may not offer, list, sell, lease, solicit, request or provide anything through the Site in a jurisdiction where such action would violate any law, rule, regulation or restriction. The parties to a transaction are solely responsible for researching and determining the scope of the applicable law to determine whether a listing or transaction complies with applicable law.
OFFERING YOUR TIME
If you are using the Site or the Service to find someone to offer their time, your correspondence or ensuing relationship with nonprofit and public service organizations, volunteers, partners, advertisers, sponsors or other third parties found on or through this Site or the Service (each, a "Volunteer Organization"), including posting or acceptance of volunteer opportunities, and any other terms or conditions associated with such dealings, are solely between you and the Volunteer Organization or individual you choose to deal with. YOU AGREE THAT HELP EACH OTHER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST HELP EACH OTHER ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A VOLUNTEER ORGANIZATION OR INDIVIDUAL.
DONATING TO A NONPROFIT ORGANIZATION OR INDIVIDUAL
Help Each Other makes no representations or warranties relating to any nonprofits or any individuals to whom you may make donations through the Service, does not endorse the nonprofits or individuals, nor do we assume any liability for the nonprofits or individuals. Although the nonprofits and individuals may represent their and other member's intended use of your donations, we have no control or responsibility over how your donations will be ultimately used by the nonprofit or individuals.
If you decide to make a donation to a nonprofit or individual, you must join Help Each Other as a member. Before you make a donation, you should thoroughly investigate the organization. You may also check with www.guidestar.org, www.charitynavigator.org, the Better Business Bureau at www.give.org/ or the office of the Secretary of State in the state in which the nonprofit is located to get more information about the organization.
PLEASE BE ABSOLUTELY CERTAIN THAT YOU ARE COMFORTABLE WITH THE ORGANIZATION OR INDIVIDUAL BEFORE YOU MAKE A DONATION! DONATIONS, ONCE MADE, ARE NONREFUNDABLE.
IF YOU ARE INTERESTED IN DONATING TO AN INDIVIDUAL, you may want to message them, request proof of receipt, or ask for references you may contact. Although individuals can request money for any and all reasons, it is suggested that members learn as much as possible about the individual and their request for money BEFORE making a donation.
Please note that we have no control over how a nonprofit or individual recipient of a donation may use the donation, and cannot represent or warrant that any donation made to a specific request for money will be used by the nonprofit or individual for the purpose stated on their request for money. We provide the nonprofit organization and individual with the capacity to post the results of your donation. In the event that you believe that your donation is used for some purpose other than the purpose stated on the request for money, please contact the nonprofit or individual directly to resolve the issue. If, after you have contacted the nonprofit or individual and you have not successfully resolved the dispute, please contact Help Each Other using the Contact Us form located at the bottom of each page. Help Each Other reserves the right, but has no obligation, to monitor or help resolve the dispute. Since the donation was made directly between you and the nonprofit or individual, our possible actions will be limited to termination of the nonprofit or individual from the Site and Service if we independently determine that such nonprofit or individual had violated this Agreement, provided that we shall have no obligation to do so.
RESPONSIBILITIES AS A MONEY REQUEST RECIPIENT
HELP EACH OTHER REQUIRES RECIPIENTS OF THE FUNDS TO HOLD RECIPTS OF PURCHASE FOR ITEMS PURCHASED WITH THE MONEY FROM THE MONEY REQUEST IN CASE A MONEY REQUEST AUDIT IS REQUESTED. IN ADDITION, RECIPIENTS OF FUNDS ARE REQUIRED TO POST FEEDBACK REGARDING THE USE OF THEIR FUNDS WITHIN 30 DAYS. If the recipient does not post feedback within 30 days, a public mark will appear on their profile page noting they failed to report how the funds were used.
RECEIVING YOUR FUNDS
PayPal
Help Each Other works with PayPal to provide you with a convenient way to complete payments initiated via the Site. All payments you initiate on Help Each Other will be processed by PayPal. Money raised will be sent to the recipient's PayPal account directly from the donor. Help Each Other does not make any money off this transaction. PayPal may charge a fee to the receiver of the funds. Help Each Other payments are processed from a donor's PayPal account to the recipient's PayPal account. The recipient of the payment will be required to pay PayPal's commercial transaction fee. We encourage you to read PayPal's Legal Agreements for PayPal Services and review www.PayPal.com for more information on their terms and conditions.
EXCEPT FOR HELP EACH OTHER'S LIMITED ROLE OF INITIATING YOUR PAYMENTS WITH PAYPAL, HELP EACH OTHER IS NOT INVOLVED IN ANY UNDERLYING TRANSACTION BETWEEN YOU, ANY OTHER USER, OR ANY OTHER PARTY. HELP EACH OTHER IS NOT A BANK AND DOES NOT OFFER BANKING SERVICES. HELP EACH OTHER IS NOT RESPONSIBLE FOR CHARGEBACKS, MISSED PAYMENTS, FRAUD, OR ANY OTHER ISSUES RELATED TO PAYMENTS.
TAX INFORMATION - DISCLAIMER
We recommend that you consult your own tax advisor with respect to the federal, state and local tax consequences of making charitable donations to any nonprofit organizations or individuals listed on the Site. HELP EACH OTHER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO WHETHER ALL OR ANY PORTION OF THE DONATIONS THAT YOU OR ANYONE ELSE MAKES TO A NONPROFIT, INDIVIDUAL OR ANY OTHER ENTITY THROUGH THIS SITE AND/OR THE SERVICE ARE DEDUCTIBLE FOR FEDERAL, STATE OR LOCAL TAX PURPOSES. Help Each Other shall have no liability whatsoever for any claims by any federal or state tax or other authority with respect to your characterization of any donations made through this Site or the Service on your federal or state tax returns or otherwise.
THIRD PARTY VERIFICATION SERVICE.
Help Each Other may make a third-party verification service available to registered Users of the Site. Members may use this service, or another service of your choice, to verify information such as, but not limited to, name, date-of-birth, gender, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that Help Each Other is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. You should consult the respective terms and conditions of the third-party verification service.
WARRANTY DISCLAIMERS
THE SITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HELP EACH OTHER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU KNOWINGLY AND INTENTIONALLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND HELP EACH OTHER MAKES NO WARRANTY THAT THE INFORMATION OR SERVICES ON THE SITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE USERS YOU INTERACT WITH THROUGH THE SITE AND SERVICE ARE TRUTHFUL IN THEIR REPRESENTATIONS AND INTENTIONS. Help Each Other makes no representation or claim as to whether or not funds donated to a nonprofit or individual will ultimately be utilized for the purposes or causes stated or implied by them and does not verify the veracity of their assertions or stated need and will not be held liable in any way nor provide refunds for misrepresentations and/or misappropriated donations.
Help Each Other cannot guarantee and does not promise any specific results from use of Help Each Other Services.
You are solely responsible for your interactions with other Help Each Other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users, whether caused by Users of Help Each Other Services or by any of the equipment or programming associated with or utilized in or by Help Each Other Services.
Help Each Other takes no responsibility for fundraisers posted by nonprofit organizations or individuals who are members of Help Each Other. Help Each Other is not responsible for the conduct, whether online or offline, of any User of the Service. Help Each Other 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 visitor, User or member communication. Help Each Other is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the Site or the Service or combination thereof, including any injury or damage to visitors, Users or members or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Service. Under no circumstances shall Help Each Other be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Service, from any content posted on or through the Site or Service, or from the conduct of any Users of the Site or Service, whether online or offline.
LIMITATION ON LIABILITY
IN NO EVENT WILL HELP EACH OTHER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF HELP EACH OTHER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HELP EACH OTHER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HELP EACH OTHER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO HELP EACH OTHER FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM HELP EACH OTHER, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TERMINATION
Help Each Other may terminate your membership, delete your profile and any content or information that you have posted on the Site or through the Service and prohibit you from using or accessing the Service or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
GOVERNING LAW; VENUE AND JURISDICTION
By visiting or using the Site and/or the Service, you agree that the laws of the State of California without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Help Each Other or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California
ARBITRATION
You and Help Each Other agree that, except as may otherwise be provided in regard to specific services on the Site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Site and/or the Service (including your visit to or use of the Site and/or the Service) shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with members of Help Each Other may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") located closest to San Rafael, California, under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). Each party shall be responsible for its own costs in association with any such arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.
INDEMNITY
You agree to indemnify and hold Help Each Other, its affiliates and successors, and each of their directors, officers, agents, contractors, and employees, harmless from and against any loss, demand, liability, claim, damages and expenses, including reasonable attorney's fees, arising out of or in connection with (i) Your Content, (ii) your use of, or your conduct in connection with the Service or the Site and with other Users of the Service or the Site, and/or (iii) any violation of this Agreement or of any law or the rights of any third party.
GENERAL
These Terms of Use, the Privacy Notice, and the DMCA Policy constitute the entire agreement between you and Help Each Other regarding the use of the Site and/or the Service, superseding any prior agreements between you and Help Each Other relating to Your Content, Feedback and your use of the Site or the (Privacy Policy - DMCA Policy). The failure of Help Each Other to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Neither party shall be liable to the other for any default or delay in performance of any of its obligations under this Agreement to the extent that such default or delay is caused, directly or indirectly, by an event beyond such party's reasonable control, including without limitation, fire, flood, earthquake or other acts of God; wars, rebellions or revolution; strikes, riots or civil disorders; accidents or unavoidable casualties; interruptions in transportation, communications or power facilities; or changes in law, treaties, rulings, regulations, decisions or requirements of any governmental, administrative or regulatory agency. Without limiting the foregoing, the Terms of Use and rights granted and its obligations hereunder shall be freely assignable by Help Each Other in connection with the sale of all or substantially all of the shares or assets of Help Each Other or in connection with its merger, reorganization or reincorporation.
NOTICES AND QUESTIONS
All notices to Help Each Other hereunder shall be in writing to 990 A Street Suite 402 San Rafael, CA 94901 or legal@helpeachother.com. If you have any questions or comments regarding these Terms of Use or the Site or Service you may contact Help Each Other at legal@helpeachother.com..
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