Please read the following agreement (the "Terms") carefully. They explain the policies and rules related to use of our site (the "site"). By completing the registration process you are stating that you are at least 18 years old and that you agree with "Here To Help You". ("us", "we", "our" or "heretohelpyou.com") to the following Terms. If you do not agree with the Terms then you should not use or access this site. "You" refers to you, the user, together with any company or other business entity you are representing.
1. Charges and Billing
By entering into this agreement, you recognize that you are licensing the use of a website and its related functionality (the "Service"). You do not hold ownership over any text, graphics, logos, button icons, images, audio files, software, data compilations, urls or other intellectual property, posted on the heretohelpyou.com website, or used in the creation of sites created by heretohelpyou.com.
Heretohelpyou.com reserves the right to charge fees for the Service or any portion thereof. Any applicable fees will be posted on the Heretohelpyou.com Web site. If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize Heretohelpyou.com to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You hereby acknowledge that in most cases, Heretohelpyou.com will be charging your designated credit card in accordance with the payment schedule of the Service for which you have registered, but some charges may accumulate on your credit card account before they are charged to your credit card account. You further acknowledge that it is your responsibility to notify Heretohelpyou.com of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
All charges for your website will show on your credit card statement as BodyworkBiz, the payment processor for heretohelpyou.com.
Heretohelpyou.com reserves the right to change any fees (which includes, but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Heretohelpyou.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Heretohelpyou.com posts such modification on the Heretohelpyou.com Web site. Heretohelpyou.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the Service. As set forth in Section 2 of this Agreement, you may cancel your Account at any time, but Heretohelpyou.com will not refund any remaining portion of your pre-paid fees when you cancel your Account.
You agree to pay your Account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your use of the Service. You are responsible and liable for any fees, including attorney and collection fees, that Heretohelpyou.com may incur in its efforts to collect any remaining balances due from you. This Section 1 shall in no way limit any other remedies available to Heretohelpyou.com. You also acknowledge and agree that you will be billed for and will pay any outstanding balances if you cancel your Account or your Account is terminated. You must notify Heretohelpyou.com of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Heretohelpyou.com within sixty (60) days, you waive any right to dispute such problems or discrepancies.
2. Cancellation/Termination
Either you or Heretohelpyou.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Heretohelpyou.com. You also agree that Heretohelpyou.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at Heretohelpyou.com's sole discretion, without prior notice to you. In most instances, however, you will be given a warning.
3. Proprietary Rights to Content
You agree that Content presented on your site by heretohelpyou.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations, urls and other intellectual property, posted on the heretohelpyou.com website, or sites created by heretohelpyou.com, is owned by heretohelpyou.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through Heretohelpyou.com's site or sites created by heretohelpyou.com, including code and software, except standard page caching which occurs in the normal course of browsing. Except as expressly authorized by Heretohelpyou.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part.
4. Indemnification
You agree to indemnify and hold Heretohelpyou.com, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you for your Heretohelpyou.com service; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; (iv) your negligence or violation or alleged violations of existing laws, regulations or legislation applicable to your business and (v) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with Heretohelpyou.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Heretohelpyou.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
You will defend, indemnify and hold Heretohelpyou.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against Heretohelpyou.com that arises directly or indirectly from you, your end-users, or other third parties, including claims based on representations, warranties, or misrepresentations made by you, provided that Heretohelpyou.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by Heretohelpyou.com's failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
5. End Users
Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your site and uses the Heretohelpyou.com Service, is independent from Heretohelpyou.com. Heretohelpyou.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
6. Reference to Your site
You agree to allow Heretohelpyou.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
7. Privacy
At Heretohelpyou.com, we respect the privacy of our members. You agree that Heretohelpyou.com may disclose information we have collected from you and/or content you have made available on our site when Heretohelpyou.com believes in good faith that the law requires it, or to protect the rights or property of Heretohelpyou.com or its visitors, or as otherwise stated in the Privacy Policy. For more details, please see our Privacy Policy. Our Privacy Policy is deemed to be part of these Terms.
Upon request Heretohelpyou.com may disclose your contact information to your customers, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content related to your use of the Service.
8. Member Conduct
To help ensure that everyone's experience at Heretohelpyou.com is a positive one, we have certain rules for conduct, which you must agree to in using our Service. You agree to:
follow all of your local, provincial/state, national and international laws and regulations.
provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases
Allows us to contact you via mail, email and telephone for the purpose of activation, service or billing. You agree not to report our email communications to you as SPAM to any governing body, ISP or service provider since, besides the email sent for the purposes of administration of your account, you are able to opt in or opt out of any email you request and agree to receive.
You also agree that you will not:
interfere with or disrupt Heretohelpyou.com's site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
attempt to gain unauthorized access to Heretohelpyou.com's site or services, others' accounts, private web sites, or computer systems or networks connected to Heretohelpyou.com's site, through password mining or otherwise.
engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
sell access to or use of any services available on Heretohelpyou.com's site.
interfere with anyone's use or enjoyment of Heretohelpyou.com's site.
fail to respond to customer, copyright or trademark holders questions within 3 business days.
9. Third Party Content
For your convenience, the Service, which includes the Heretohelpyou.com website, may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Heretohelpyou.com and Heretohelpyou.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Heretohelpyou.com is under no obligation, but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. Heretohelpyou.com is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Heretohelpyou.com of such content or the affiliate or advertiser. You may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. Heretohelpyou.com does reserve the right to remove content that, in Heretohelpyou.com's judgment, does not meet its standards, but Heretohelpyou.com is not responsible for any failure or delay in removing such material.
Heretohelpyou.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Heretohelpyou.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10. External Links
Heretohelpyou.com's site may contain links to other sites. You agree that Heretohelpyou.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites. Because Heretohelpyou.com has no control over such sites and resources, you acknowledge and agree that Heretohelpyou.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Heretohelpyou.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. Maintenance and Updates
Heretohelpyou.com reserves the right to interrupt the Service for maintenance and updates to our site. This service interruption does not include power outages, service loss or any other reasons as listed in Section 12 Force Majeure.
12. Force Majeure
Heretohelpyou.com shall not be liable for the failure to perform any of its obligations under this Agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, accidents, transmission difficulties, Internet outages, riots, insurrections, acts of God or orders of governmental agencies.
13. Relationship to Customer
Heretohelpyou.com and you shall perform all duties under this Agreement as independent contractors. Nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchiser and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party.
14. Changes to Terms of Use
Heretohelpyou.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that Heretohelpyou.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
15. Severability
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
16. Headings
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon any of the provisions of this Agreement.
17. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Heretohelpyou.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Heretohelpyou.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Heretohelpyou.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
18. Limitation of Liability
IN NO EVENT SHALL Heretohelpyou.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Heretohelpyou.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Heretohelpyou.com AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO Heretohelpyou.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. WITHOUT LIMITING THE FOREGOING, NEITHER HERETOHELPYOU.COM NOR ITS SUPPLIERS IS RESPONSIBLE FOR ANY OF YOUR DATA RESIDING ON THE SERVICE OR HERETOHELPYOU.COM'S SUPPLIERS' HARDWARE. YOU ARE RESPONSIBLE FOR BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE OR HERETOHELPYOU.COM'S SUPPLIERS' HARDWARE, WHETHER OR NOT SUCH INFORMATION IS PRODUCED THROUGH THE USE OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO TAKE THE NECESSARY STEPS TO ENSURE THAT YOUR PRIMARY MEANS OF BUSINESS IS MAINTAINED (IF APPLICABLE).
19. Governing Law
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in Ontario and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
20. Dispute Resolution
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Toronto, Ontario under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Heretohelpyou.com must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Heretohelpyou.com may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 3 (Proprietary Rights to Content) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Toronto, Canada and further agree that any such action or proceeding shall be brought in a court in Toronto, Ontario.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21. Earnings Disclaimer
Every effort has been made to accurately represent this product and it's potential. Heretohelpyou.com does not guarantee that you will profit from using any of its services. Examples presented are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on factors beyond our control.
