Terms and Conditions of Use
Last Updated: November 21, 2011
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.
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.
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.
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.
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.
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.
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.
26. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2009, WhoCanHelp.com, Inc. ALL RIGHTS RESERVED.