Terms of Service
I. Scope of Terms
Welcome to HelpingTown.com (the "Website"), and the services of HelpingTown.com and HelpingTown.org (hereinafter jointly referred to as "HelpingTown.com" or "Website") available at the Website. The Website and services and products offered are intended for those with access to the HelpingTown.com domain including, but not limited to, articles, reference and communication tools, message boards and search services (the "Service"). The Service is owned and operated by HelpingTown, LLC. When we refer to "us," "our," "we" and words of similar import, we mean HelpingTown, LLC. Reference to "Website" means our internet website, www.HelpingTown.com or www.HelpingTown.org. Reference to "HelpingTown" means the Website and the Service, or either of them as the context implies.
Access to non-public areas of the Service are provided in accordance with the following terms ("Terms"). By using HelpingTown, you electronically agree to be legally bound by the Terms, which govern your use of HelpingTown. If you do not agree to all of these Terms, please immediately discontinue any further use of HelpingTown. Your failure to follow the Terms may result in suspension or termination of your access to HelpingTown.
This Agreement and any operating rules for www.HelpingTown.com established by HelpingTown constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.
Furthermore, this Website and the Services affiliated and described herein are meant for the sole use of citizens or residents domiciled within the United States of America and no intent shall be manifested that said services are available to those outside the United States.
II. Execution of Agreement
Your registration with and continued use of HelpingTown constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. By entering this agreement, you warrant and represent that you are at least eighteen (18) years of age. If you are executing this Agreement on behalf of any user that is a (a) minor at least thirteen (13) years old, but under the age of eighteen (18), (b) sole proprietorship, (c) corporation, (d) partnership or (3) other entity, you further warrant and represent that you are duly authorized to execute this contract on behalf of the user.
HelpingTown shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.HelpingTown.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.HelpingTown.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.HelpingTown.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
You agree that we may without prior notice, discontinue, temporarily or permanently, eliminate your account, any associated email address, and remove any information you uploaded or provided to HelpingTown with or without notice. Cause for termination shall include, but not be limited to, (a) violations of these Terms (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to HelpingTown, or (e) unexpected technical or security issues or problems.
V. Entire Agreement
The Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
VI. Description of Services
This Site provides a medium to connect those seeking volunteers with those who can volunteer or are seeking opportunities to volunteer. User understands and agrees that HelpingTown has no control over the acts or omissions of any User on or off the Site and that HelpingTown makes no representations or warranties about the quality of the services provided by any User. User understands and agrees that HelpingTown is not responsible for the performance or conduct, whether on or off the Site, of any User. As such, HelpingTown expressly disclaims, and each User expressly releases HelpingTown from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Users on or off the Site.
a. Registering & Eligibility
Depending on what Services User desires to receive, User may need to register and become a HelpingTown member. You must be at least 13 years old to register and become a HelpingTown member. Registered users under the age of 18 years old must have the consent of a parent or legal guardian who has read and accepted these terms and conditions. User will find registration instructions on the Site. By registering as a HelpingTown member, you represent that: (a) all required registration information you submit is complete, current, truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.
b. Member Username, Password and Security
When User signs up to become a HelpingTown member either to post volunteer opportunities or to search volunteer opportunities, User will also be asked to choose a username and password for a HelpingTown profile. User is entirely responsible for maintaining the confidentiality and use of your HelpingTown password and account. User could be held liable for losses incurred by HelpingTown or another party due to someone else using User's account or password.
Currently, there are no fees. All Users may create a HelpingTown Account for free. However, in the future, HelpingTown may charge a subscription fee (the "Fees") for the use of certain aspects or all of the Services. Helping Town will notify all users of the new fees and upon notification users have the choice to pay the fees continue their membership or not pay the fees and HelpingTown will terminate their account. HelpingTown reserves the right to change the Fees at any time, upon notice to you. By registering for a HelpingTown Account, you agree to pay HelpingTown the Fees for the Service applicable to the account level chosen. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card. You are responsible for and shall pay HelpingTown all sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, "Taxes") for the use of the Services or resulting from this Agreement, whether imposed now or hereinafter by any governmental entity. HelpingTown reserves the right to deactivate your access to the paid Services for failure to pay applicable fees. If you provide a credit card that expires during the term of this Agreement, HelpingTown reserves the right to charge any renewal card issued to you as a replacement. You agree to promptly pay HelpingTown in the event of any refusal of your credit card issuer to pay any amount to HelpingTown for any reason. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, HelpingTown may immediately suspend or terminate this Agreement and your access to the Services.
This Agreement shall remain in full force and effect while you use the Site, Services, or are a HelpingTown member. You may terminate your HelpingTown membership at any time, for any reason, by sending an email to support@HelpingTown.com. We may terminate your membership for any reason, effective upon sending notice to you at the primary e-mail address you have stored in your HelpingTown profile. HelpingTown will provide you the Services chosen by you substantially as described on the Site. The Site and Services are made available for your personal, internal, non-commercial use. You may link to the Site from other websites if you obtain HelpingTown's prior consent.
Please follow this link: http://helpingtown.org/ContactUs.php to get more information about linking to the Site.
VII. Information Provided by You
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
IX. Disclaimers of Warranties
WE PROVIDE HELPINGTOWN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT HELPINGTOWN. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT HELPINGTOWN IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HELPINGTOWN, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING HELPINGTOWN, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE HELPINGTOWN (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU USE HELPINGTOWN AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL OR OTHERWISE TORTIOUS DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
X. Links to Third Party Sites
HelpingTown may have links to third party websites which allow you to leave HelpingTown's website. These links are provided to you only as a convenience in your web activity and does not imply endorsement by HelpingTown of the site. HELPINGTOWN CANNOT CONTROL, OR BE RESPONSIBLE FOR THE CONTENTS OR ACTIVITIES OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HELPINGTOWN IS NOT REPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
XI. Choice of Law and Place for Resolving Disputes
The law of the State of New Jersey, United States of America, governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court or alternative dispute resolution program, as agreed to by the parties, located in New Jersey. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use HelpingTown subject to the Terms described herein. You may not use HelpingTown in a manner that exceeds the rights granted for your use of HelpingTown, which includes unauthorized copying or distribution of any of the content displayed or used in HelpingTown or creating an unauthorized derivative work.
XIV. Acceptable Use Policy
We do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services. However, in accordance with the Terms of Service described herein, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may otherwise violate this Acceptable Use Policy ("AUP") and/or Terms of Service. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP and/or TOS may result in the suspension or immediate termination of either your account or other actions as detailed in Section 3 without prior notice.
The following are guidelines for the establishment and enforcement of our AUP:
If a User account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise users of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP or TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
By virtue of the use of this Website and the services provided, Users hereby agree to utilize this website in accordance with the conduct and intent described within this AUP and TOS.
a. Violations of Acceptable Use Policy
The following constitute violations of this AUP, but are not intended to be an exhaustive and comprehensive list:
b. Revisions to this Acceptable Use Policy
We reserve the right to revise, amend, or modify this AUP, our TOS and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS.
Your right to use HelpingTown is personal to you. You may not sub-license, transfer, sell or assign your right to access or use HelpingTown to any third party without prior our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and notify us by contacting us by email.
You may not attempt to circumvent user authentication or security of any service or account.
XVI. Intellectual Property
You acknowledge and agree that HelpingTown and the information, content and software presented to you through or by HelpingTown or used in connection with HelpingTown contain proprietary and confidential information that is protected under U.S. intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of HelpingTown or any information presented to you through HelpingTown, in whole or in part.
HelpingTown and its logos are trademarks of HelpingTown LLC. All rights reserved. All other trademarks appearing on HelpingTown are the property of their respective owners. Any content from the Website may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of the respective content owner, with the sole exception that one copy may be downloaded onto a single computer for (a) your personal, noncommercial use if you are a volunteer or (b) your archival purposes, if you are a nonprofit or public service organization. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Content. You may not remove any copyright notices from our materials.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. User is not authorized to use any such trademarks. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
XVII. Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from HelpingTown infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from HelpingTown by contacting us.
VIII. Background Check Disclaimer
WE DO NOT PERFORM BACKGROUND CHECKS ON ANY OF OUR MEMBERS. MEMBERS ENGAGE WITH OTHER MEMBERS AT THEIR OWN RISK. USE PRUDENCE AND CUATION WHEN ENGAGING WITH OTHER MEMEBRS AND DO NOT SHARE PERSONAL INFORMATION UNTIL A LEVEL OF TRUST IS ESTABLISHED
XIX. Safety Precautions for Meeting Offline
Always take precautions and use the following guidelines when meeting anyone in person.
Above all, remember to use your common sense.