IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE SERVICES.
1. General. The Website Services are licensed, not sold, to You by Helppo for use strictly in accordance with the terms and conditions of this Agreement. For purposes of this Agreement, the term “You”, or “Your”, means you, as an individual registered user of the Website Services. The term “Website Services” means the products, software, services, websites and content provided, pursuant to this Agreement, to You by Helppo. You may only gain access to the Website Services by registering for an account on Helppo’s website, software, or application and fulfilling all requirements for access related thereto.
2. Registration Obligations. In consideration of Your access to and use of the Website Services, You represent that You are of legal age to form a binding contract and are not a person barred from accessing and using the Website Services under the laws of the United States or of any other applicable jurisdiction. In order to access the Website Services, You will be required to provide information about Yourself (such as identification or contact details) as part of the registration process for Helppo’s Website Services and for Your continued access to and use of the Website Services. You agree to use the Website Services only for those purposes that are permitted by (a) this Agreement and (b) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Helppo registration form (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, non-current or incomplete, or Helppo has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, Helppo has the right to suspend or terminate Your account and refuse any and all current or future use of the Website Services (or any portion thereof). You also understand and agree that Your use of Website Services may include certain communications from Helppo (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the Website Services and You will not be able to opt out of receiving them unless Your account on Helppo is either terminated or otherwise suspended and You follow the instructions for opting out of such communications.
3. Provision of the Website Services. You acknowledge and agree that Helppo may provide the Website Services through one or more subsidiaries, affiliates, employees, agents, or other third parties. Furthermore, You acknowledge and agree that Helppo may modify or cease to provide (permanently or temporarily) all or any portion of the Website Services from time to time without prior notice to You. In the event that Helppo stops providing or terminates (or otherwise suspends) Your right to use the Website Services, then You may be prevented from accessing the Website Services, the details of Your account, postings previously made by You or others, past orders, past sessions, and any files or content contained in Your account.
4. License Grant and Restrictions on Use.
4.1. License Grant. Helppo grants You a personal, revocable, non-exclusive, non-transferrable, limited right to install any software associated with the Website Services, and to access and use the Website Services in strict accordance with the terms and conditions of this Agreement.
4.2. Restrictions on Use. Helppo’s Website Services are designed and intended for educational use by the registered user. You shall use the Website Services strictly in accordance with this Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website Services; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website Services or any material provided to You in connection with the Website Services; (c) violate any applicable laws, rules or regulations in connection with Your access to or use of the Website Services, including, but not limited to, any academic honesty policy or other policy on conduct of Your school, university, academic institution or workplace; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Helppo or of its affiliates, partners, agents or its licensors of the Website Services; (e) reproduce, duplicate, sell, trade, or resell the Website Services; (f) use the Website Services to send automated queries or any unsolicited commercial e-mail to Helppo or to upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (g) upload, post, transmit or otherwise make available via the Website Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (h) upload, post, email, transmit or otherwise make available via the Website Services messages or other content that promotes or contains pyramid schemes, chain letters, or commercial messages or advertisements; (i) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law or this Agreement; (j) download any file from the Website Services that is posted by another person or entity that You know, or reasonably should know, cannot be legally distributed in such manner; (k) use Helppo's tutors to complete assignments, write papers, take exams, or otherwise produce a work product on Your behalf; (l) use any proprietary information, intellectual property, Website Services interfaces, or work product of Helppo in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Website Services; (m) send automated requests to Helppo, attempt to circumvent Helppo’s authentication measures; or (n) use other user’s accounts without their express permission.
5. Intellectual Property Rights.
5.1. Rights to Website Services. You acknowledge and agree that, as between You and Helppo, the Website Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Helppo, except for any content that is provided by You or provided to You by other users. Furthermore, You acknowledge and agree that the source and object code of the Website Services and the format, directories, queries, algorithms, content, structure and organization of the Website Services are the intellectual property and proprietary and confidential information of Helppo. Except as expressly stated in this Agreement, You are not granted any rights in or to the Website Services by implication, estoppel or other legal theory, and all rights in and to the Website Services not expressly granted in this Agreement are hereby reserved and retained by Helppo.
5.2. Third Party Software and Materials. The Website Services may utilize or include third party software that is subject to open source and/or third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Website Services is subject to and governed by this Agreement and the conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall Helppo’s Website Services or components thereof be deemed to be “open source” or “publicly available” software simply by virtue of utilization or inclusion of Third Party Software.
5.3. Helppo Marks. You acknowledge and agree that the trade names, trademarks, service marks, design marks and logos used in connection with the Website Services (collectively, the “Helppo Marks”) are owned exclusively by Helppo. You are not authorized to use Helppo Marks in any manner without the prior written consent of Helppo, which may be withheld for any or no reason.
5.4. Infringement Acknowledgement. You acknowledge and agree that, if any use by You of the Website Services that does not comply with the terms of this Agreement violates applicable laws or infringes on a third party’s rights or proprietary interests, You shall be solely responsible for the costs of investigation, defense, settlement, and discharge of any claim or action arising from such violation or infringement that are incurred by Helppo and its owners, partners and agents. Helppo shall have the power to veto the settlement of and the right to control the defense of any such claim or action arising from such violation or infringement that are incurred by Helppo and its owners, partners and agents.
6. Collection, Storage and Use of Information.
6.3. Recording and Mapping of Utterances. By accessing the Website Services and/or voice recognition capabilities as part of the Website Services, if available, You hereby consent to Helppo’s right to record and store any utterances or writings made by You in connection with Your use of the Website Services and to use those utterances or writings for the following reasons: (i) to identify common linguistic patterns, word choices, and manners of speech that might, or might not, effect the Website Services; (ii) to perform tests and take other actions to improve the quality and effectiveness of the Website Services and to develop marketing strategies and intelligence for various products and services; (iii) and to convert Your voice into text and store such information for customer records and quality control. Your utterances or writings and the data and information derived from the recorded utterances or writings associated with Your use of the Website Services shall be deemed part of Information (as defined in Section 6.1).
6.4 Non-Personally Identifiable Information. Helppo’s website, like most other commercial websites, may automatically track and collect certain information about Your visit that does not identify you individually by using tools commonly known as “cookies,” web beacons, pixel tags, web server logs or other statistical programs and applications. Your browser may have an option that allows you to accept or reject cookies and other programs and applications, but you should be aware that Your use of restrictive browser settings may limit the functionality available to you when using Helppo’s website.
7. Third Party Content and Services.
7.1. General. You acknowledge that the Website Services permit access to and may display or provide links to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors, independent contractors, and other third parties (“Third Party Content and Services”).
7.2. Disclaimer. You acknowledge that Helppo does not investigate, monitor, vouch for or endorse the Third Party Content and Services. Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Helppo and its affiliates, partners, agents, and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Helppo hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Content and Services.
7.3. Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Website Services are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from Your communication with or transaction of business with any third party, and You agree that Helppo and its affiliates, partners, agents and licensors are not responsible or liable for any loss that results from the presence of information about or links to such advertisers or service providers on the Helppo website. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
7.4. Endorsements. You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service shall not constitute or imply any endorsement by Helppo or its affiliates of such Third Party Content and Services. Helppo reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Website Services, although Helppo has no obligation to restrict or deny access even if You so request.
7.5. Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; and (ii) which may or may not be identified as having explicit language. You agree to use the Third Party Content and Services at Your sole risk and that Helppo and its affiliates, partners, agents, and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
7.6. Use of Third Party Content and Services. You acknowledge that the Third Party Content and Services may contain proprietary information and materials that may not be owned by Helppo and its affiliates, partners, agents, and licensors, but may nonetheless be protected by applicable intellectual property laws and other relevant laws, and agree that You will not use such proprietary information or materials in any way whatsoever, unless such use is permitted by the owner of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Helppo is not in any way responsible for any such use by You.
8. Term and Termination.
8.1. Term. This Agreement shall be effective and survive any termination of the Website Services or of Your access to the Website Services.
8.3 User Termination of User Account. You may terminate Your account and Your access to the Website Services at any time with written notice to Helppo through the means provided in Section 15.2. Helppo may, in its sole and absolute discretion, refund any pre-payments for prospective sessions.
9. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE WEBSITE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. Helppo AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE WEBSITE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, Helppo AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE WEBSITE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; (IV) THE WEBSITE SERVICES WILL PROPERLY STORE, COLLECT AND RETAIN ANY INFORMATION YOU HAVE SUBMITTED FOR SUCH PURPOSE; (V) THE WEBSITE SERVICES PROPERLY INTERFACE WITH YOUR DEVICE(S) AND/OR YOUR OPERATING SYSTEM(S); OR (VI) ANY ERRORS IN THE WEBSITE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Helppo OR FROM THE WEBSITE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT Helppo HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE WEBSITE SERVICES.
IN THE EVENT OF ANY FAILURE OF THE WEBSITE SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY Helppo IN WRITING THROUGH THE MEANS PROVIDED IN SECTION 15.2. Helppo CAN, AT Helppo’S SOLE DISCRETION, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID BY YOU, IF ANY, FOR THE WEBSITE SERVICES. HOWEVER, THE POTENTIAL FOR A REFUND IS NOT A WARRANTY OR OBLIGATION OF Helppo AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF WEBSITE SERVICES TO CONFORM TO ANY WARRANTY GIVEN BY Helppo WILL BE YOUR SOLE RESPONSIBILITY.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Helppo OR ITS AFFILIATES, PARTNERS, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT Helppo WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Helppo’S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE TOTAL FEES PAID TO Helppo, IF ANY, BY YOU FOR THE WEBSITE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification. Should You violate the Agreement, You shall indemnify, defend and hold harmless Helppo and its affiliates, partners, and licensors, and each of their respective owners, officers, directors, agents, independent contractors, and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following actions that are connected to Your violation of the Agreement: (i) Your access to or use of the Website Services or Third Party Content and Services; (ii) Your breach of this Agreement; (iii) Your violation of United States laws and local laws based upon Your use of Helppo’s Website Services; (iv) Your negligence or willful misconduct regarding United States laws and local laws relevant to Your use of Helppo’s Website Services; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the Website Services or of Your access to the Website Services.
12. Prices and Payment Terms.
12.1 Prices. All prices posted on the Website Services are subject to change without notice. The price charged for any product or service will be the price in effect at the time the order or request is placed and will be set out in Your Website Services order confirmation notification. Posted prices do not include taxes or other governmental fees, tariffs and charges.
12.2 Payment Terms. Terms of payment are within Helppo’s sole discretion and payment must be received by Helppo before Helppo’s acceptance of an order.
12.3 Force Majeure. Helppo will not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in the performance of Helppo’s tutors when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Helppo’s or the tutor’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Helppo’s workforce), or telecommunication breakdown or power outage.
13. Refund Policy.
13.1 In General. Subject to the terms of sections 9, 10, and 12, Helppo will refund the amount You have paid for a tutoring session under two specific circumstances: i) a technological issue interferes with starting or completing a session; or ii) the tutor does not show up for the scheduled tutoring session. Helppo makes no representations or warranties as to Your performance or knowledge during or after the Helppo tutoring session. Failure to improve after using the Website Services does not entitle You to any discounts, credits, refunds, or any compensation from Helppo.
13.2 User Satisfaction. If a You are not satisfied that a Helppo tutor has provided You with a satisfactory session, and Helppo determines based on its own investigation that the content of that session was not commercially reasonable, You have the option to take a free session with a different tutor. If You are dissatisfied after this second session, You may submit a written explanation to Helppo detailing why You were dissatisfied with the replacement session provided to You. Upon review of Your written explanation, Helppo may, in its sole discretion, provide You with either a partial, full, or no refund.
14. Cancellation Policy. There is no cancellation fee if You i) cancel Your session no later than two hours before the session is scheduled to start, and ii) rebook the session with the same tutor for another time. There is a cancellation fee of 50% of the tutor fee if You i) cancel Your session no later than two hours prior to the session’s scheduled start time, and ii) do not rebook the session; or if You i) cancel Your session later than two hours prior to the session’s schedule start time, and ii) You rebook the session. There is a 100% cancellation fee if You i) cancel Your session later than two hours prior to the session’s schedule start time, and ii) do not rebook the session.
15.2. Contact Information. Please direct any questions, complaints or claims related to this Agreement or to Your use of the Website Services to [INSERT Helppo EMAIL ADDRESS].
15.3 Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of Helppo and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
15.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
15.5 Waiver. Except as provided herein, the failure by Helppo to exercise a right or require performance of an obligation under this Agreement shall not effect Helppo's right to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
15.7 Entire Agreement. This Agreement, including any documents incorporated herein by reference, constitutes the entire agreement with respect to the use of the Website Services and supersedes all prior or contemporaneous understandings regarding such subject matter.
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