Terms of Use

Terms and Conditions of Use

Last Updated: November 21, 2011

Welcome to the WhoCanHelp website (“Web Site”). This Web Site is owned and operated by WhoCanHelp, LLC (“Company”) (“we” and “us”). In addition to the Content (as defined below) on the Web Site, the Web Site provides you with various opportunities to submit content and participate in community services (“Web Site Services”). BY USING OUR WEB SITE AND THE WEB SITE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. These Terms of Use also incorporate by reference all of Company’s policies, fee schedules, rules, guidelines terms and conditions on the Web Site relating to the offering of products and services. By using this Web Site, you agree to such terms and conditions.

1. United States of America Only. The Web Site is offered to users who reside in the United States of America only. If you do not reside in the United States of America, please discontinue using the Web Site immediately.

2. Privacy Policy. These Terms of Use incorporate by reference the WhoCanHelp Privacy Policy located here http://www.whocanhelp.com/privacy. Please read the terms of the Privacy Policy carefully as you agree to it when you agree to these Terms of Use.

3. Disclaimers.

A. We are committed to making your experience on the Web Site a positive one. Upon entering your information and the request for which you would like a service provider, the Web Site will generate for you a list of service providers in your area, if any, who may be interested in fulfilling your service needs. However, we do not guarantee that we will be able to match your service needs with a service provider or that there are service providers in your areas that are either capable or willing to complete your service needs. You understand that we have no control over any service providers. We make no warranties or representations (i) that the service providers or the service providers’ services will meet your requirements or (ii) regarding the skills or representations of such service providers or the quality of the job that the service provider may perform for you if you elect to use the service provider. We do not endorse or recommend the services of any particular service provider, provide any advice on which service provider to select, or screen any individual service provider’s personal credit or legal standing. It is entirely up to you to enter into a contract or otherwise reach agreement with a service provider, and we do not guarantee or warrant the service provider’s performance on the job or the outcome or quality of the services performed. The service providers are not employees or agents of the Company, nor is the Company an agent of the service providers. We do not perform, and we are not responsible for, any of the services requested by you in your service request. Your rights under any arrangements you enter into with the service providers are governed by the terms of such arrangements and by applicable federal, state and local laws.

B. If you are a service provider, you understand and agree that we make no warranties or representations about the users of the Web Site, such as their credibility or financial wherewithal. As with any web-based interaction, we suggest that users of the Web Site use caution and good judgment.

C. Your interactions with other users or service providers on the Web Site, including for networking, the offering, purchase, sale, payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and the other user or service provider. COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE SERVICE PROVIDERS, ADVERTISERS, OR USERS ON THE WEB SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH SERVICE PROVIDERS, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM.

D. If there is a dispute between you and another user of the Web Site, a service provider, or other third party, Company is under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE WEB SITE, SERVICE PROVIDERS, OR OTHER THIRD PARTY, YOU RELEASE COMPANY (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM 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.

E. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, CONTENT, MATERIALS AND WEB SITE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT, MATERIALS OR WEB SITE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, CONTENT, MATERIALS AND WEB SITE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, CONTENT, MATERIALS OR WEB SITE SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

F. ALL PRODUCTS AND SERVICES ASSOCIATED WITH THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY SERVICE PROVIDERS LISTED ON THE WEB SITE, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES ASSOCIATED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PRODUCTS AND SERVICES SOLD OR PROVIDED BY SERVICE PROVIDERS LISTED ON THE WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED OR BEEN PROVIDED IN CONNECTION WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, IF ANY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

4. Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Web Site Services and the Web Site may only be used for the intended purpose for which such Web Site and Web Site Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Web Site Services. The Web Site, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.

5. Trademarks. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Company Design, and the logo) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web Site, without Company's prior written consent. The use of Company Marks on any other web site or network computer environment is not allowed. Company prohibits the use of Company Marks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.

6. User Submissions. Company encourages members of the public to submit user published content or user content (e.g. ratings, reviews, postings to chatrooms, participation in communities, videos, photographs, tips, etc.) that they have created for consideration in connection with the Web Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting User Submissions on our Web Site, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. User submissions that constitute a post or service request on our site are subject to the Post Guidelines included in the support pages.

7. Inappropriate User Submissions. Company does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Company will reject any submissions in which Company believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, Company reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Web Site.

8. Advertising Rights. Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.

9. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site.

10. Linking to this Web Site. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any links to this Web Site must comply will all applicable laws, rule and regulations.

11. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.

12. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Web Site or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

13. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Web Site. In consideration of your use of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

14. User Published Content. User published Content on our Web Site does not represent the views of Company or any individual associated with Company, and we do not control this Content. The user published Content does not reflect or represent the opinions or representations of Company, its parent, subsidiaries or parent companies, or its employees, officers, directors, or shareholders. In no event shall you represent or suggest, directly or indirectly, Company’s endorsement of any user published Content on our Web Site. Company does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Web Site Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.

15. Fees. For any charges for Web Site Services sold on the Web Site, Company will bill your credit card or alternative payment method offered by Company. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.

16. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

17. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

18. Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into these Terms of Use, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 6; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Web Site and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of these Terms of Use; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party in connection with the User Submission; (vi) the User Submission and Company use thereof as contemplated by these Terms of Use and the Company Web Site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; and (viii) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

19. LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, THE MATERIALS, INFORMATION OR WEB SITE SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, OR ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY SERVICE PROVIDERS IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50.00) OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY IN CONNECTION WITH THE WEB SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

20. Indemnity. You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party’s access and use of the Web Site with your unique username, password or other appropriate security code.

21. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

22. General. Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted or secure access to our Web Site or Web Site Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Disclaimers), 4 (Copyright and Ownership), 5 (Trademarks), 6 (User Submissions), 19 (Limitations of Liability), and 20 (Indemnity) shall survive any termination or expiration of these Terms of Use.

23. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Darrel Stone, 619 SW Higgins, Suite O, Missoula, MT 59803 Phone: (888) 494-6226, Email: support@whocanhelp.com.

Please provide the following notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. 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 access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

24. Entire Agreement. These Terms of Use are the entire agreement between the user and Company and supersedes any prior understandings or agreements (written or oral).

25. Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@whocanhelp.com or by phone at (888) 494-6226.

26. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2009, WhoCanHelp.com, Inc. ALL RIGHTS RESERVED.