Terms of Service » Helpful Heroes

Helpful Heroes Terms of Service

Helpful Heroes Terms of Use- Read and make sure you understand all terms and conditions before use or access of any of our products or services including the Helpful Heroes mobile App or HelpfulHeroes.com or any associated products and services.

Each time you access or use the Service, you agree to be bound by this Terms of Use Agreement whether or not you register with us. If you do not agree to be bound by all of these Terms of Use, you may not access or use the Service. The following Terms of Use Agreement is a legally binding contract between you and Helpful Heroes regarding your use of the Service.

Welcome, and thank you for your interest in helpfulheroes.com, and the Helpful Heroes mobile App, owned and operated by Hidrent, LLC, a Delaware limited liability company (“Helpful Heroes,” “us” or “we”), and our services made available to you (the "user" or "you") through our website (the "Website" or the “Site”) and any online applications or mobile application and tools (the “App”). Two types of users will be allowed to use our platform: Clients ("Client users" or “Clients”) and Firefighters/EMTs (collectively referred to as "Firefighters/EMTs users" or “Firefighters/EMTs”). Through our services we provide a platform which permits Client users to post small labor projects ("jobs" or “Projects”) with suggested prices to the platform and permits other users, Firefighter/EMT users, to respond by offering to perform the project at the listed price. The Website and the App together constitute our services (the "Service"). Unless otherwise specified, all references to the Services include the services available through the Helpful Heroes Website or the Helpful Heroes mobile App, as well as any software that Helpful Heroes provides to you that allows you to access our products or Services.

Furthermore, you hereby agree that Helpful Heroes shall have no liability for any damages or injuries resulting from your use of our platform or any engagement and interaction with another user (Client or Firefighter/EMT) through the use of our Services.

Your Compliance with these Terms of Use: You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit and retrieve content and information using our Services.
Eligibility and authorization for our Service: By using our Services, you represent that you are at least 18 years old and are fully able and competent to enter into this electronic contract, including the terms, conditions, representations and warranties set forth in these Terms. If you are not at least 18 years old you may not access, visit, or use the Service. Additionally, you represent that you have the capacity to be bound by the agreements in this Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with these Terms of Use, we may monitor your access and use of our Services in accordance with our Privacy Policy.
Description of Service: Helpful Heroes is a marketplace venue that connects Client users in need of small labor projects with qualified off duty Firefighter/EMT users looking for supplemental work and are willing to engage with the Client user to perform that work for a fee (the Job or Project). Client users may submit a Project request through Helpful Heroes along with the price they are willing to pay for the Project. These requests are then sent to local Firefighter/EMT users that have agreed to cover a specific geographical territory. The first Firefighter/EMT user to accept the Client user’s proposal wins the Project. Communication is then established between the Client user and Firefighter/EMT user. After the Project is complete the Firefighter/EMT user submits hours to Helpful Heroes, Helpful Heroes invoices the Client user, the Client user pays Helpful Heroes directly with their credit card through the Helpful Heroes App, and Helpful Heroes pays the Firefighter/EMT user using the account set up for Helpful Heroes payments.
Helpful Heroes is a Venue: Helpful Heroes is a venue and is not a party to the Project between Client users and Firefighter/EMT users. The Service includes (a) Helpful Heroes systems, procedures, processes, and technologies, and (b) any software, applications, data, reports, and other content made available by or on behalf of Helpful Heroes. The Service does not include User Content as later defined in these Terms of Use or any software application or service that is provided by any user or a third party, which you use in connection with the Service.
Disclaimer: Helpful Heroes disclaims any liability for damages or injuries to person or property resulting from the Firefighters/EMTs or the Client’s actions, failure to act or omissions, whether intentional or in negligence.
Transferability and Right to Access: Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Terms of Use Agreement and/or the Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends, or threatens shall not be permitted, and may result in your loss of the right to access and use our Services.
No Circumvention: Client users and Firefighter/EMT users are prohibited from circumventing Helpful Heroes for the purpose of engaging one another for a Project. All users (Client or Firefighter/EMT or Thirds Party) may not contact another user (Client or Firefighter/EMT) in any manner whatsoever with the intent to avoid Helpful Heroes Services. Any violation of this no circumvention term will result in the immediate termination of a user’s account. Firefighter/EMT users agree to pay Helpful Heroes a fee ("Service Fee") on the agreed upon price for each Project invoiced and processed by Helpful Heroes or its third-party payment processor. The Service fee, which is determined and identified when you register your account with Helpful Heroes, will be calculated on Page 3 of the agreed upon price of the Project, and not subject to any discount, rebate, refund, or adjustment that the Firefighter/EMT and the Client may subsequently agree upon.
Assurances by users: If you are a Firefighter/EMT, it is your sole responsibility to have the applicable required state and/or local level trade or professional licensing to perform the work that you will be hired to do, for yourself and your subcontractors. If you are a Client, it is your sole responsibility to confirm that the Firefighter/EMT, and any subcontractor they use, possesses the valid and current trade or professional license appropriate for the Project to be performed.
Trade and Professional Licenses: Helpful Heroes does not screen for, or require, a Firefighter/EMT to produce or confirm that they have all, or any, applicable required state and/or local level trade or professional licensing to perform the work you are interested in hiring them for. We recommend you request the Firefighter/EMT produce a valid and current trade or professional license appropriate for the Project to be performed and that you confirm these licensing credentials with the business and the applicable state and local licensing authorities before proceeding with your project. If the project requires subcontractors working for the Firefighter/EMT, we recommend that you also confirm that they have the necessary license(s) to perform the services.
Project Listings: Project Listings must describe the Project or services to be performed accurately. All the listed Projects must be in the appropriate category for the Project. If the Project or service was not accurately described, then the Firefighter/EMT may request additional financial compensation from the Client prior to work beginning. The Client may refuse at this point rendering the initial agreement null and void. All payments for Projects will be processed by the third-party payment processor we use. Helpful Heroes has the right to monitor, edit, and partially or totally delete any Project Listing and Client will have no right of action against Helpful Heroes.
Invoicing and Payments: a. Helpful Heroes does not charge Client users for providing the Service. b. Invoicing for Projects completed by the Firefighter/EMT, and the payment for those Projects by Client users will be processed using Helpful Heroes third party payment processing service. c. If we have not heard from you with documented proof of any issues within seven (7) days after the payment has been made for the services, the purchase of the services is final. d. Should you have any monetary dispute regarding the services performed by the Firefighter/EMT please advise Helpful Heroes immediately. Although not under any duty to do so, Helpful Heroes will attempt to act as an intermediary to help mediate and achieve a mutually agreed resolution to the dispute. If no mutually agreed resolution can be reached within seven (7) days of you reporting the dispute, Helpful Heroes will process the payment as invoiced to pay the Firefighter/EMT and the payment will be final. e. You agree to participate in good faith in a neutral resolution mediation process conducted by a neutral third-party mediator selected by Helpful Heroes.
Assumption of Risk: your use of our Services shall be solely at your own risk. You acknowledge and agree that Helpful Heroes does not have an obligation or duty to request, require, verify, or confirm that any user of our Services including, without limitation, firefighters/EMTs have a valid and current state or local trade or professional license to perform the work you hire them for. Helpful Heroes does not make any attempt to verify the statements of users of the website or to review or verify any users’ credentials including, without limitation, trade, or professional licenses. Helpful Heroes, and their respective officers, directors, employees, and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose; any warranties arising out of course of dealing or usage of or in trade; and any warranties, representations, or guarantees in connection with this website, or the services offered on or through this website, or the Helpful Heroes app. You further acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our services and website and app, including ascertaining and verifying that a firefighter/EMT has a valid and current state or local trade or professional license to perform the work you hire them for, remains solely with you and that Helpful Heroes will have no liability to you, therefore.
Disclosures: Helpful Heroes makes no guarantees or endorsements. Helpful Heroes is not a party to any Project and does not itself offer to perform any Project. Helpful Heroes is a mobile venue only and operated for the sole purpose of bringing together the Client and the Firefighter/EMT to engage in the performance of a Project. Helpful Heroes does not intervene in any transaction between the Client and the Firefighter/EMT. Helpful Heroes makes no guarantees, warranties or representations regarding the skills or experience of the Firefighter/EMT or the quality of the Project that he or she may perform for you if you elect to retain their services. Helpful Heroes does not endorse or recommend the services of any particular Firefighter/EMT and we do not independently verify their representations about their services, nor do we validate any reviews. It is the sole responsibility of the Client users to evaluate the Firefighter/EMT users and their qualifications to perform the Project. Helpful Heroes does not guarantee or warrant any Firefighter/EMT user's performance on the Project or the outcome or quality of the Projects performed. The Firefighter/EMT users are not employees or agents of Helpful Heroes. Helpful Heroes is not an agent or representative of the Firefighter/EMT users or the Client users. Helpful Heroes does not guarantee the suitability or safety of the Project. It is solely the firefighter/EMT's responsibility to determine if a Project is safe and does not violate any law, regulation, or local ordinance.
Restrictions: The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or Page 5 of competitive Service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms of Use. Furthermore, you agree that you will not use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor our Services or any portion of our Services or for any other purpose, without our prior 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) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Except as expressly permitted in these Terms of Use, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as communities, forums, or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
Accounts and Registration: To access some features of the Service you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your physical address, e-mail address, mobile phone number or other contact information). You may also be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information and/or financial information ("Your Information"). If you provide Your Information to us then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use, and disclosure of Your Information is governed by these Terms of Use and our Privacy Policy. Please read our Privacy Policy here. This policy explains how we treat your personal information and protect your privacy when you use the Services. You agree to the use data in accordance with the Helpful Heroes Privacy Policy. This includes account management to keep your password secure. If you have been issued an account by Helpful Heroes in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Helpful Heroes, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Helpful Heroes immediately. Accounts may not be shared and may only be used by one individual per account. Keep your details accurate. Helpful Heroes occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and any payment details associated with your account current and accurate.
User Content: Our Services have "publicly accessible areas" for merchandise listings, message boards, forums, member profiles or other features that allow users to post User Content (defined hereafter) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Helpful Heroes shall not, under any circumstances, be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available by the Services in any manner or method. These Terms of Use prohibit certain activities and actions regarding the submission of User Content; however, you agree that Helpful Heroes does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions contained in the “User Content Rights and Related Responsibilities; License” section herein. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. Helpful Heroes reserves the right, but is under no affirmative obligation, to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. Helpful Heroes will have no liability or responsibility to users of the Helpful Heroes Services or any other person or entity for performance or nonperformance of such activities. Helpful Heroes enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar content.
Your Interactions with Other Users: you are solely responsible for your interactions with other users. You understand that Helpful Heroes currently does not conduct any background checks including, but not limited to, criminal, financial, sex offender or any other background checks or screenings on its users. Helpful Heroes also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Helpful Heroes makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. While not being obligated to do so, Helpful Heroes reserves the right to conduct any criminal background check or other screenings at any time and using available public records. Helpful Heroes is not responsible for the conduct of any user. In no event shall Helpful Heroes, its parent companies, its executives, employees, affiliates or partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with Page 7 of the use of the service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from Project performance, communications or meetings with other users or persons you meet through the service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the service or meet in person to complete a Project. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
User Content Rights and Related Responsibilities: Licensed "User Content" means, without limitation, Project listing and descriptions, any messages, texts, digital files, images, photos, artwork, videos, audio, comments, feedback, suggestions, reviews and documents, or other content you upload, transmit or otherwise make available to Helpful Heroes and its users via the Services. By submitting User Content on or through the Service, you grant Helpful Heroes a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of these Terms of Use gives us the permission to do so and grants us any such rights necessary to provide the Service to you. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general. Helpful Heroes expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss. You are solely responsible for User Content, including, without limitation, Project listings and Project descriptions, reviews, comments, and feedback. Helpful Heroes may remove or return any User Content at any time for any reason or for no reason at all. We are not responsible for the authenticity, accuracy, appropriateness, or legality of User Content. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false. You agree to use our Services and the Content (whether provided by us or others), as well as any Software provided in connection with the Services, in a manner consistent with all applicable laws and regulations. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do: Post Projects which encourage or facilitate illegal activity. Impersonate any person or entity. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others. Promote information that is false or misleading. Promote illegal activities or conduct that is defamatory, libelous, or otherwise objectionable. Promote violence, racism, bigotry, hatred, or physical harm of any kind against any group or individual. Submit anything that exploits children or minors or that depicts cruelty to animals. Solicit personal information from anyone under the age of 18. Solicit money from other users. Use the service in an illegal manner or to commit an illegal act. Transmit any material that contains software viruses, or Page 8 of any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware. Transmit any content that contains video, audio, or images of another person without his or her permission or that of their legal guardian. Promote material that exploits people in a sexual, pornographic, or violent manner. Provide instructional information about illegal activities. Infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights. Promote commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers. Alter the opinions or comments posted by others on the Services. You are solely responsible for User Content. Helpful Heroes may remove or return any of User Content at any time for any reason or for no reason at all. We are not responsible for the accuracy, appropriateness, or legality of User Content.
Modifications: Any modifications and new features added to the Service are also subject to these Terms of Use. Helpful Heroes reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you.
Electronic Transactions: Your use of the services includes the ability to enter into agreements, including these Terms of Use, and/or to make transactions electronically including, without limitation, payments, purchases, and other financial transactions. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, Terms of Use, and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including in application purchases, financial transactions, notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Interruption of Service: Suspension, interruption, or discontinuance of your access and use of our Services may be for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue your account and/or the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or Services or any part thereof.
Software: If you receive Software from us, its use is governed in one of two ways: If you are presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms of Use apply. We reserve all other rights to the Software. Any license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Helpful Heroes, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software. We may automatically check your version of the Software. We may also automatically download to your device or computer new versions of the Software. Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You Page 9 of must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software or Service without U.S. government permission to anyone on U.S. government exclusion lists. You represent and warrant that you are not on any of those lists or under the control of or an agent for anyone on those lists. Third Party Links, Services and Content, the Site, App, and Services may contain services, features and functionalities linking you to, or providing you with, access to third party services and content, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. When you visit or use a third party’s website you agree to read and consent to the third party’s Terms of Service and Privacy Policy and you release us from any liability.
Electronic Communications When you use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services.
Upgrades: You understand that Helpful Heroes may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the App.
Security: Violating the security of our Site is prohibited and may result in criminal and civil liability. Helpful Heroes may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or Site or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
Rights: All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Helpful Heroes.
Proprietary Rights: Helpful Heroes or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Helpful Heroes.
Intellectual Property Rights: Helpful Heroes names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by Helpful Heroes. You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners. The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work"). All software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software. You are solely responsible for any damages resulting from your infringement of our or any third-party's intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Use. We grant you a limited license to access, print, download or otherwise make personal use of Our Content and the Collective Work provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use, other than the non-commercial use of Our Content and the Collective Work as permitted by this Terms of Use Agreement, is permitted by you without our prior written permission.
Copyright Policy: We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person's copyright. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"). Page 11 of A valid complaint under the DMCA must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work that you claim has been infringed. Identification of the material that is claimed to be infringing and where it is located on the Service. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address. A statement that you 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 law. A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. The above information must be submitted to our DMCA Agent at support@helpfulheroes.com
Warranties: our content and all services and products associated with our services are provided to you on an "as-is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, products, or services included on or associated with our services. You expressly agree that your use of our services and all products and services included on or associated with our services is at your sole risk. We do not make, and expressly disclaim, any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services, the Projects posted to the service, the products associated with our services, the qualification of the firefighters/EMTs to perform a Project or the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with our services. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content, the services, the Projects, the qualification of the firefighters/EMTs to perform a Project and products associated with our services. We make no representation, warranty, or guarantee that the content that may be available for downloading from our services is free of infection from any viruses, malicious software or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees, express or implied, regarding any information or offers provided on or through our services. Page 12 of We disclaim any responsibility for the deletion, failure to store, miss delivery, or untimely delivery of any content, information, or material. We disclaim any warranties regarding the security, reliability, timeliness, and performance of the services. You understand and agree that you download or otherwise obtain material or data through the use of the Service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or mobile device or loss of data that results from the download of such material or data. We make no representations that our services are appropriate or available for use in any jurisdictions. When you access or use our services from a jurisdiction, then you do so by your own volition and are solely responsible for compliance with local law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitations of Liability: in no event shall we be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our services; (ii) your breach or violation of the terms and conditions of this Terms of Use agreement; (iii) your use of any merchandise or property offered through our service, (iv) your delay in accessing or inability to access or use our services for any reason; (v) your downloading of any of our content or the collective work for your use; (vi) your reliance upon or use of our content or the collective work, or (vii) any digital data, images, photos, artwork, videos, audio, documents, information, software, products or services obtained through our services, or otherwise arising out of the use of our services, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages. This limitation shall also apply with respect to damages incurred by reason of other services, merchandise or goods received through or advertised on the website or received through any links provided in the website service, as well as by reason of any information or advice received through or advertised on the website or received through any links provided in the website service. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Page 13 of Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of this Terms of Use agreement shall not exceed the total amount of fees actually paid by you through the service, or one hundred us dollars if no such payments have been made. You specifically acknowledge that we shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from such user generated content and third-party conduct rests entirely with you. We agree that any cause of action arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Certain state or jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnity: You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Helpful Heroes and its parents, officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your use of any merchandise offered through our service, (iii) your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iv) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any disputes or issues between you and any other user or third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Helpful Heroes and its parents, affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. Releases By using the Services, the Site, or the App, you release, to the maximum extent allowed by law, Helpful Heroes, its parents, officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, the performance of the Project through the Service, and any transaction effected through the Service. In the event that you have a dispute with any party including, but not limited to, a Client or a Firefighter/EMT, or otherwise related to the Service, you release, to the maximum extent allowed by law, Helpful Heroes, its parents, officers, directors, employees, affiliates, and agents from claims, demands and damages 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. Page 14 of If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You acknowledge that we may be irreparably damaged if this Terms of Use Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Terms of Use Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of the State of Michigan, or a United States District Court for the State of Michigan. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
Waiver: Users expressly waive any and all legal claims against Helpful Heroes for use of the Service. Any claims arising out of the use of the Service will solely be against User(s) involved.
Legal Disputes: this agreement contains an agreement to attempt good faith non-binding mediation, which will, with limited exception, require you to submit claims you have against us to be mediated with a licensed mediator. This agreement also contains an agreement that you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. Please read the following terms carefully before accessing or using any of the service. Each time you access or use the service, you agree to be bound by these terms. If you do not agree to be bound by the mandatory mediation provision and the class action waiver you may not access or use the service. For any dispute you have with Helpful Heroes, you agree to first contact us at support@helpfulheroes.com and attempt to resolve the dispute with us informally. If Helpful Heroes has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows: you agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Terms of Use Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. 1. Applicable Law. You agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this Terms of Use Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement. 2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN Page 15 of ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE MEDIATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE MEDIATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS. 3. Law Enforcement. Helpful Heroes is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Helpful Heroes receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Helpful Heroes may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Helpful Heroes will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Notice: You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Amendments to this Terms of Use Agreement: We reserve the right to update, amend and/or change these Terms of Use at any time in our sole discretion and without notice. Updates to these Terms of Use will be posted here. Amendments will take effect immediately upon us posting the updated Terms of Use on our Services. You are encouraged to revisit these Terms of Use from time to time in order to review any changes that have been made. The date on which these Terms of Use were last updated will be noted immediately below the updated Terms of Use. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Severability: If any portion of these Terms of Use are deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that are unlawful, void or unenforceable shall be stricken from these Terms of Use.
No Waiver: Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Survival: All covenants, agreements, representations, and warranties made in these Terms of Use, as may be amended by us, from time to time, shall survive your acceptance of these Terms of Use and the termination of these terms. If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us at support@helpfulheroes.com.