Agreement Between User and Help Your Neighbor.com, LLC
What if you could help someone in your own community with your own two hands?
Help Your Neighbor.com, LLC’s website, HelpYourNeighbor.com (the “Website”) is a revolutionary social network dedicated to connecting neighbors and community members in need directly with those who can help. Our mission is to connect those in need directly with those who can help. To succeed in this mission, we’ve built the Website to be a social platform that allows you to decide what you can give and when. Our Website allows you to connect with people in your own community – whether around the corner or across town – who are in need of your talents. At HelpYourNeighbor.com we believe that each and every person can make a difference, touch a life and strengthen a community. It all begins with the power of connection.
User acknowledges and agrees that User is providing an electronic acceptance of these terms and that such electronic acceptance constitutes an electronic signature for purposes of the Electronic Signatures in Global and National Commerce Act (E-Sign Act), 15, U.S.C. §§ 7001 to 7006 or any other law applicable to the enforcement of this Agreement.
In consideration of the use of this Website and the mutual covenants set forth below, and for other good and valuable consideration, Help Your Neighbor and User further agree as follows:
How Consumers Should Use this Website and its Information
Please consider any content, reviews, recommendations, User profiles, or any other information found on the Website as informational in nature and a starting point to gather information about a person, charity, company, service provider, or a professional who may or may not be suitable for User’s specific needs. Under no circumstances, however, should User rely solely on this Website or Content Information or any information on the Website in deciding whether to support any cause, work with or hire any person, company, service provider, professional, as well as taking or refrain from taking any action or exercising any right that may be available to User.
Agreement to Grant Help Your Neighbor a Limited License to Your Submitted Content and Contributions
If User submits, post, sends, or otherwise makes available any information, including images, statements, questions, or other material to Help Your Neighbor, or Help Your Neighbor’s Website (collectively “Submitted Content”), User understands and agrees that User is granting Help Your Neighbor a royalty free, unrestricted, worldwide, perpetual, and revocable, nonexclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submitted Content (in whole or part) worldwide as well as incorporating it in other works in any form, media, or technology now known or later developed. User also warrants that any Submitted Content is original to User, that User has all necessary rights to submit, send, or otherwise make available the Submitted Content and grant such rights and license to Help Your Neighbor. User also warrants that any “moral rights” that User may have in such content has been waived (collectively all rights within this paragraph will be referred to as the “License”). User also agrees that by posting onto the Website any Submitted Content that such submission will constitute an electronic signature of the User as the copyright owner. User further agrees that this signature will be deemed to have been executed as of the date the submission.
We intend to use any Submitted Content for the benefit of Help Your Neighbor, its users, customers, and other affiliates. If, however, at any point you disagree with Help Your Neighbor’s use of your Submitted Content, please contact Help Your Neighbor at firstname.lastname@example.org and we will discuss the issue and endeavor to work with you to resolve it to your satisfaction.
Help Your Neighbor is not Responsible for Screening or Approving Information on the Website.
Help Your Neighbor does not as a matter of course select, screen, approve, endorse or limit who may join the Website, promote any causes, or ask for or offer to provide any services on the Website. We believe that Users are in the best position to know what services they need and who should provide those services or what causes or organizations they wish to support. Accordingly, Help Your Neighbor is not involved in approving, endorsing, or verifying any User profiles or any reviews of a User. Further, Help Your Neighbor does not conduct any background checks or require verification of credentials, experience, references, licenses, insurance or any other documentation from any User of the Website. Under no circumstances shall Help Your Neighbor have any liability for damages or any other claims arising out of or relating to any negative consequences from a selecting, hiring, or connecting with any User or in relation to any User’s decision to contribute to or support any cause or organization found on the Website.
Limitations on Help Your Neighbor’s Screening, Review, and Approval of Company or Individual Profiles
User acknowledges and agrees that any ratings or any information contained in a User’s profile, such as descriptions of a User’s expertise, accomplishments, areas of practice, any certifications, and other data are based on information provided by the User or other third party sources, all of which may mean a User’s profile may be incomplete or inaccurate.
Help Your Neighbor does not Endorse or Guarantee any Results, Products or Services of any Company or Service Provider.
No ratings, reviews, endorsements, or any of the other information contained on the Website or provided through the Website should be considered (i) An endorsement by Help Your Neighbor of any particular User; (ii) A guarantee of a User's competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics; (iii) A predictor of a future outcome of any matter in which such professional is involved; or (iv) A guarantee of a particular result or outcome.
No Guarantee to Access and Right to Change or Remove Any Content on the Website
Help Your Neighbor reserves the right to change all Content Information contained on the Website and any Services offered through the Website at any time without notice. Help Your Neighbor does not and cannot guarantee its Website and Services will function without interruption or in an error-free manner (collectively “Interruptions”). Such Interruptions may occur due to routine maintenance, updates, or system or network failures. To the extent reasonably possible, Help Your Neighbor will endeavor to provide advance notice of any Interruption within its control and to reasonably identify and resolve any unscheduled Interruption as quickly as is reasonably possible, as solely determined by Help Your Neighbor. However, User agrees that under no circumstances and regardless of the legal theory or whether Help Your Neighbor had been informed of the possibility of such damage or damages, Help Your Neighbor not be liable for:
- Any damages caused by any Interruption, including for loss of data, Submitted Content, Content Information, good-will, recommendations, profiles, the cost of substitute products or services, or from the inability to use Services, the Website, Submitted Content, or Content Information.
- Any damages caused by any Interruption relating to any communications, interactions, or meetings with other User or service providers and companies of the Website or Services those with whom User communicates or interacts with as a result of your use of the Website or Services.
Further, Help Your Neighbor disclaims all liability for any and all damages caused by any Interruption, as well as any liability for slow, malfunctioning, inconsistent, or impossible access conditions of Help Your Neighbor’s Website, Services, and Content Information for any reason.
User’s Representations and Warranties
Independent Status. User acknowledges and agrees that User has no employment relationship or any other relationship with Company other than set forth in this Agreement. Under no circumstances shall User be considered an employee or associated with Company other than as set forth in this agreement.
In using the Website, User further agrees, represents, and warrants the following:
- Age Restrictions. Help Your Neighbor’s Website is available only to individuals who are 18 years of age or older, except individuals who are 14 to 17 years of age may join Help Your Neighbor’s Website subject to the terms set forth in the next paragraph. If you do not meet these age requirements, do not register to use the Website or its services.
- Teen Providers, Guardian Users, and Parent Monitored Accounts. If you are 14 to 17 years of age (“Teen Provider”) and would like to use or participate in Help Your Neighbor’s Website you may register to use the Website and its services but only if your parent or legal guardian consents to your registration through the Help Your Neighbor Website and also becomes a registered user (a “Guardian User”). Guardian Users will receive a copy of all communications between Teen Provider and other Registered Users as well as a copy of any emails or other communications Help Your Neighbor may send to the Teen Provider. Guardian Users may respond to communications sent by other registered Users to the Teen Provider and may report inappropriate message content to Help Your Neighbor. Guardian Users may also log in to, update the settings of and terminate their Teen Provider's account.
- For purposes of these Terms, Guardian Users and their Teen Provider are deemed to be included in the prior definition of “Users.” By registering as a Guardian User, you represent, warrant, understand, agree to and accept these Terms and any applicable additional terms in their entirety on behalf of you and your Teen Provider whether Guardian User uses the Website or services. Guardian User further understands and agrees that Guardian User will ensure Teen Provider's compliance with these Terms and that Guardian User is responsible for any noncompliance by Teen Provider.
- If you are a Guardian User, you also agree that you are responsible for monitoring the account of your Teen Provider as well as your Teen Provider's activities both on and off of the Website, including monitoring who your Teen Provider communicates with and meets both on and off the Website and with whom he or she agrees to provide or receive any services.
- If you register to use the Website as a Teen Provider and later turn 18, you will need to agree to the Terms and Conditions in effect at that time and contact Help Your Neighbor in order to remove the parent monitoring functionality of your account. If you do not agree to the Terms and Conditions after you turn 18, Help Your Neighbor may terminate your access to all or part of the Help Your Neighbor Website, as well as removing your profile and/or any Submitted Content posted by or about you from the Website, with or without notice.
- Compensation, Taxes, and Insurance. User acknowledges and agrees to the following:
- Under no circumstances shall User receive any compensation from Help Your Neighbor.
- Help Your Neighbor will not: (i) Withhold FICA (Social Security and Medicare taxes) from User’s payments or make FICA payments on User’s behalf; or (ii) Make state or federal unemployment compensation contributions on User’s behalf, or withhold state or federal income tax from User’s payments. User shall pay all taxes incurred while performing services under this Agreement, including all applicable income taxes and, if User is not a corporation, self-employment (Social Security) taxes. On demand, User shall provide Help Your Neighbor with proof that such payments have been made.
- Help Your Neighbor shall not obtain worker’s compensation insurance on behalf of User or User’s employees. If User hires employees to perform any services, User will cover them with worker’s compensation insurance. Under no circumstances shall Help Your Neighbor be responsible to assure any User has provided or obtained appropriate worker’s compensation insurance or any other insurance applicable to services provided by User.
- Help Your Neighbor shall make no state or federal unemployment compensation payments on behalf of User or User’s employees or contract personnel. User will not be entitled to these benefits in connection with services provided by User under this Agreement.
- Indemnification. User agrees to indemnify, defend, and hold harmless Help Your Neighbor from any and all liability arising out of or in any way related to User’s use of the Website or Help Your Neighbor’s services, including any liability resulting from intentional or reckless acts or the acts of Users of the Website. User agrees to indemnify, defend, and hold harmless Help Your Neighbor from any and all liability arising out of or in any way related to User’s performance of services during the term of this Agreement, including any liability resulting from intentional or reckless acts or the acts of the employees or agents of User.
- Permits and Licensing. User declares that User has complied with all federal, state, and local laws requiring business permits, certificates, and licenses that may be required to carry out any services to be performed under this Agreement or through the Website.
- Lawful Services. User declares that the service or services requested or to be provided are lawful within the User’s jurisdiction where they reside. Any illegal services solicited through the Website will be reported to the authorities as may be required and/or deleted or disabled from the Website, as well as resulting in immediate suspension and/or cancellation of User’s account, including removal of User’s profile from the Help Your Neighbor’s Website. Additionally, any material considered inappropriate or offensive by Help Your Neighbor and at its sole discretion, may result in immediate removal of User from Help Your Neighbor’s Website and in immediate suspension and/or cancellation of User’s account, including removal of User’s profile from Help Your Neighbor’s Website.
- Maintaining Accuracy. User acknowledges that after 12 months, the information on User’s profile page may expire and Help Your Neighbor may require the User to acknowledge the current accuracy of the information to allow the User to have continued use of Help Your Neighbor’s Website.
- Help Your Neighbor’s Reliance on Representations. The parties acknowledge and agree that Help Your Neighbor is entering into this Agreement with reliance on the representations made by User relative to its independent contractor status.
Unique Issues Concerning Professional Relationships.
Help Your Neighbor provides a platform for various service providers to post, submit, or otherwise provide information. Some of that information may be of a professional nature or otherwise involve information that is regulated by state or federal law or subject to professional standards (“Professional Information”). It is up to each individual service provider who may post, submit, or otherwise provide Professional Information to comply with any applicable regulations or professional standards applicable to that provider’s services.
Any use or reliance on any Professional Information, advice, recommendations, actions or inactions provided by the applicable professional service provider is done solely at User’s discretion and Help Your Neighbor specifically disclaims any liability of any kind for any decision to hire any given company, service provider, or professional, as well as taking or refrain from taking any action or exercising any right that may be available to User based on any information that may be found on the Website.
Please also understand that questions and answers or other postings User provides or post to the Website are not confidential and may not be protected by applicable privileges, such as the attorney-client privilege or doctor-patient relationship.
Limitation as to Screening and Accuracy of Credentials and Qualifications
User should independently verify the accuracy of any information User obtains on the Website before using it as well as personally interviewing any service provider before agreeing to enter into any sort of business relationship or relying upon any advice, recommendations, or information provided by any service provider found on the Website.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If User believes any material on the Website, either posted by Help Your Neighbor, our users or any other party, is infringing, please contact Help Your Neighbor at the address below. Pursuant to the Digital Millennium Copyright Act, Help Your Neighbor has a designated agent to receive copyright infringement claims.
The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:
Jason Shinn, Esq. of Shinn Legal, PLC
3080 Orchard Lake Rd., Suite C
Keego Harbor, MI 48320
P: 248-850-2290; F: 248-850-2212
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the infringing material and information reasonably sufficient to permit Help Your Neighbor to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by Consumer that Consumer have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)
Help Your Neighbor’s Website and Services are not intended for individuals under the age of 14. Accordingly, Help Your Neighbor does not knowingly collect, either online or offline, personal information from individuals under the age of 14. If User is the parent or guardian of a child under 13 and believe that he or she has disclosed personal identifiable information (PII) to Help Your Neighbor, please contact our attorneys (Jason M. Shinn) at www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
MISCELLANEOUS LEGAL PROVISIONS
By using this Website, as well as any information found on this Website, User expressly understands and agrees to the following:
- Binding Upon User’s Successors: This Agreement and its performance will be binding on User and User’s heirs, administrators, successors and assigns;
- Assignability: User may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of Help Your Neighbor. Any purported assignment and delegation will be ineffective. Help Your Neighbor may freely assign or delegate all rights and obligations under the Agreement, including any License granted to Help Your Neighbor under the Agreement, fully or partially without notice to User. Help Your Neighbor may also substitute, by way of unilateral novation, effective upon notice to User, Help Your Neighbor for any third party that assumes our rights and obligations under this Agreement;
- Equitable Relief: User irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Help Your Neighbor’s Website or its Services, exploitation of any advertising or other materials issued in connection of either, or exploitation of the Website or Services or any content or other material used or displayed through the Website or Services;
- No Waiver: Any delay or failure on the part of Help Your Neighbor to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time;
- Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to User. But to the extent legally permitted under applicable law, User agrees that under no circumstances will Help Your Neighbor, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by Help Your Neighbor in connection with its business operations be liable, without limitation to User for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, User agrees that Help Your Neighbor will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. Consumer agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. User further agrees that Help Your Neighbor will not be under any circumstances cumulatively liable for any damages in excess of two times the most recent fee that User paid to Help Your Neighbor for any Subscription Services, or $500.00 (U.S.), whichever amount is greater. User further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, User agrees this limitation of liability shall apply regardless of whether (i) User bases User’s claim on contract, tort, statute or any other legal theory, (ii) Help Your Neighbor knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) Help Your Neighbor may cause User to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
- Choice of Law: User agrees that any dispute arising in any way from your purchase of any Services or Subscription Agreement, access to the Website, your use of the Website, or a violation of the Agreement are to be construed, governed and enforced exclusively according to the laws of North Carolina or applicable federal law, such as copyright, patent, or trademark law, without respect to its conflict of laws principles;
- Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Help Your Neighbor to any registration requirement within such jurisdiction or country; and