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Helpur

WELCOME TO HELPUR : )

We (Helpur, Inc.) hope you find it useful.

By accessing or otherwise interacting with our App, services, website, or any associated content/postings (together, “Helpur"), you agree to these Terms of Service ("TOS") (last updated January 04, 2018). You acknowledge and agree Helpur is a private App owned and operated by Helpur, Inc. If you are accessing or using Helpur on behalf of a business, that business agrees to the TOS.

If you do not agree to the TOS, you are not authorized to use Helpur. We may modify the TOS at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Helpur. Our privacy policy, prohibited list, and all other policies, site rules, and agreements referenced below or on Helpur.app, are fully incorporated into this TOS, and you agree to them as well.

LICENSE:

If you agree to the TOS and,

  1. (1) Are of sufficient age and capacity to use Helpur and be bound by the TOS or,
  2. (2) Use Helpur on behalf of a business, thereby binding that business to the TOS, we grant you a limited, revocable, non-exclusive, non-assignable license to use Helpur in compliance with the TOS; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Helpur, excluding listings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.
USE:

Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with Helpur, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Helpur content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Helpur's policies or rules referenced above ("Prohibited Content"). You agree not to abuse Helpur's flagging or reporting processes. You agree not to collect Helpur user information or interfere with Helpur. You agree we may moderate Helpur access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.

You agree

  1. (1) Not to bypass said moderation,
  2. (2) We are not liable for moderating or not moderating, and
  3. (3) Nothing we say or do waives our right to moderate, or not.
FEES:

You authorize us to charge your account for Helpur fees. Fees are five percent of each complete transaction per user. Any tax is additional and the user is responsible for any taxes due. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, or otherwise moderate. We may refuse any posting if it breaks our prohibited listing rules.

DISCLAIMER & LIABILITY:

To the full extent permitted by law, Helpur Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Helpur Entities")

  1. (1) Make no promises, warranties, or representations as to Helpur including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. (2) Provide Helpur on an "AS IS" and "AS AVAILABLE" basis and any risk of using Helpur is assumed by you;
  3. (3) Disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and
  4. (4) Disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Helpur Helpur Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Helpur and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
CLAIMS & INDEMNITY:

Any claim, cause of action, demand, or dispute arising from or related to Helpur ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, Helpur (except we may seek preliminary or injunctive relief anywhere).

You agree to,

  1. (1) Submit to the personal jurisdiction of courts in San Francisco, CA.
  2. (2) Indemnify and hold Helpur Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Helpur and
  3. (3) Be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS:

Helpur, “Helpur" and the smiley face logo are registered trademarks with An Oifig Na bPaitinní, Ireland, The U.S. Patent and Trademark Office, and with multiple trademark offices around the world.

MISC:

Users complying with prior written licenses may access Helpur thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOS or our ability to enforce it. The English version of the TOS holds control over any other translations.

@Helpur 2019