CEN GEN, LLC (“Helping Neighbor”, “we”, “us” and/or “our”) provides an online platform that connects individuals who want to hire someone (“Hirers”) to complete a project with individuals who are willing to complete that project in exchange for payment (“Helpers”). Helping Neighbor’s services are accessible at www.HelpingNeighbor.com (the “Site”, its mobile applications, and various online tools and services (collectively, the “Service”). The term “you” or “your” where appropriate, may refer to either Hirers or Helpers. If you are accessing the Site on behalf of a company, corporation or other entity, then “you,” “your,” “Hirers” and “Helpers,” refer to that entity.
• Residency and Age. This Service is intended to be accessed and used by individuals from within United States of America only, and Helping Neighbor disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from other countries. By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. You hereby affirm that you are, at a minimum and without exception, 13 years old. The Service is not intended to be accessed or utilized by children less than 13 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so.
• Overview of Service.
• Description of Helping Neighbor. Helping Neighbor provides a platform that allows individuals interested in having someone else complete a project or task for them (the “Hirer”) list projects or tasks (“Projects”) and hire an individual to complete that project (the “Helper”). By using the Service, Hirers are able to simplify their life while allowing Helpers to build their own business or simply make some extra money on the side by completing a Project for a set fee (the “Project Fee”). Helping Neighbor charges Hirer’s a ten percent (15%) service charge of the Project Fee for each Project (the “Helping Neighbor Fee”). The Helping Neighbor Fee does not include any third party processing fees, which you are also responsible for.
• Listing a Project. Once you register for the Service, you can become a Hirer by visiting the Service and creating a listing for a specific Project you wish to have completed (“Listing”). To create a Listing, you will be required to provide details about the Project, including but not limited to what the Project entails and the Project Fee, as well as list any pictures (if applicable). Once a Listing is created for a particular Project, it is made public to anyone with Internet access.
As a Hirer, you represent and warrant that any Listing you create or Project you wish to have completed (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply (including having all required permits, licenses, and permissions), and (b) not conflict with the rights of third parties. Note that Helping Neighbor assumes no responsibility for a Hirer’s compliance with any agreements or duties owed to third parties, applicable laws, rules and regulations.
• Accepting a Project. Any Helper may view the Listing and enter a bid to complete the Project in its sole discretion. The Hirer will then review any submitted bids and correspond directly with Helpers regarding the details of the Project. Hirer may then choose which Helper’s bid it wishes to accept for the Project. Once Hirer has selected a Helper, the Hirer and Helper will enter into a separate contract that lists (the “Hirer-Helper Contract”), without limitation, the agreed upon Project Fee and the service requirements. The Hirer-Helper Contract governs each parties’ respective rights and obligations with respect to the Project.
• Project Performance. Prior to Helper performing the Project, Hirer agrees to place the agreed upon Project Fee into escrow through PayPal (as more fully described in Section 5). Upon Helper’s successful completion of the Project (as deemed in Hirer’s reasonable discretion), Hirer shall immediately notify the Third Party Processor (defined in Section 5) to release the Project Fee (less the applicable Helping Neighbor Fee) to Helper. Any disputes related to Helper’s performance of the Project, the Project Fee, or any other issue related to the Project shall be governed by the terms of the Hirer-Helper Contract.
• Additional Terms for Helpers. As a Helper, you understand and agree that you will receive payment in the amount that was entered as the accepted Project Fee less the applicable Helping Neighbor Fee and any third party fees (as specified in Section 5) from Hirers pursuant to the terms of this Agreement. You understand and agree that once a Hirer agrees to and accepts a bid, you may not require that Hirer to pay a higher price than the accepted bid.
• Additional Terms for Hirers. As a Hirer, you understand and agree that you will pay the agreed upon price to have the Project completed by the Helper pursuant to the terms of this Agreement. You understand and agree that once a Helper agrees to complete a project for a specified Project Fee, you may not require the Helper to accept a lower price than that which was already agreed upon.
• Platform Only. As stated above, Helping Neighbor makes available an online platform that connects Hirers with Helpers interested in completing certain Projects. Helping Neighbor does not list its own Projects and is in no way affiliated with the Hirers, their Projects, or circumstances surrounding each Project. Unless explicitly specified otherwise in this Agreement or on the Service, Helping Neighbor’s responsibilities are limited to (i) facilitating the availability of the Service, and (ii) facilitating the payment process through an authorized third party payment processor.
By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other registered users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Helping Neighbor with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Service regarding any Projects or Listings in which you were a Hirer and/or Helper.
PLEASE NOTE THAT HELPING NEIGHBOR CANNOT AND DOES NOT CONTROL THE PROJECTS AND THE EXPERIENCE OR LEGALITY OF EACH PROJECT. HELPING NEIGHBOR IS NOT REPSONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROJECTS. ACCORDINGLY, ANY PROJECTS YOU LIST OR PERFORM ARE DONE AT YOUR OWN RISK.
• Appointment of Helping Neighbor. You understand that Helping Neighbor processes payments from Hirers through third party payment process servers, such as Stripe, PayPal or Venmo (the “Third Party Processer”). You hereby appoint Helping Neighbor as your agent for the limited purpose of facilitating payments through the Third Party Processer.
• PayPal Terms. Helping Neighbor’s current Third Party Processer responsible for holding the Project Fee in escrow and remitting the proper payments to the parties is PayPal. When users enter into a Hirer-Helper Contract, Hirer agrees to submit the Project Fee to PayPal through the portal provided in the Service. PayPal will hold the Project Fee in escrow pursuant to PayPal’s terms and conditions (the “PayPal Terms”). The PayPal Terms are available https://www.paypal.com/au/webapps/mpp/ua/useragreement-full. Please note that Helping Neighbor is not a party to the PayPal Terms, and that Helping Neighbor has no obligations or liability to you under the PayPal Terms. You understand that PayPal (and any other Third Party Processor) may charge their own service charge, which you are solely responsible for.
• Payment to Helper and Helping Neighbor. Upon Helper’s completion of the Project, Hirer shall immediately notify the Third Party Processor by again using the payment portal through the Service. Third Party Processor will release the Project Fee to Hirer less any third party processing fees and the applicable Helping Neighbor Fee.
• Refunds. Helping Neighbor will not be responsible to you for a refund, in whole or in part, of the Project Fee for any reason. Helpers accept the responsibility for providing refunds to paying Hirers at each Helper’s own discretion. Helping Neighbor will not be responsible, or liable for, and Helpers hereby agree, to fully indemnify Helping Neighbor and its affiliates for refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Payment Methods.
• Taxes. Hirers and Helpers will be liable for any taxes (including VAT, if applicable) required to be paid for the services provided under this Agreement (other than taxes on Helping Neighbor’s income).
• Hirer/Helper Representations and Warranties. You represent and warrant that any Listing you create or Project that you agree to complete or have completed (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply (including having all required permits, licenses, and permissions), and (b) not conflict with the rights of third parties. Note that Helping Neighbor assumes no responsibility for another Hirer’s or Helper’s compliance with any agreements or duties owed to third parties, applicable laws, or rules and regulations.
• User Registration. Although you may browse the Service and Listings without registering, you will need to first register with the Service in order to be a Hirer and/or Helper. To be a registered user of the Services, you hereby agree to: 1) provide true, accurate and complete information (“Registration Data”) as prompted by any Service registration form; and 2) maintain and promptly update your Registration Data to keep it accurate and complete. Helping Neighbor reserves the right to suspend or terminate your access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete Registration Data. You may be required to select a username and password when completing the registration process. You are solely and fully responsible for maintaining the confidentiality of your own username and password, and you are solely and fully responsible for all activities occurring under their username and password. You agree to: 1) immediately notify Helping Neighbor of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. Helping Neighbor shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.
You understand that Helping Neighbor does not conduct background checks on Hirers, Helpers, or other registered users. Helping Neighbor reserves the right to reject you as a Hirer or Helper for any reason or no reason, as well as suspend or terminate your access to and use of the Service as a Hirer or Helper.
• Company License. Subject to this Agreement, Helping Neighbor policies, and to the extent permitted under all applicable laws and regulations, Helping Neighbor grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the site for the purposes of listing a Project, and manage and collect payments for the completion of Projects listed on the Service.
• Acceptable Use Policy.
• Your Responsibilities. By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
• Your compliance with this Agreement;
• Taking appropriate security measures to prevent the unauthorized disclosure of your user passwords, login information, or other credentials used to access your account;
• The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Service;
• Complying with applicable state, federal and international laws, regulations, and ordinances with respect to your use of the Service;
• All activity that occurs under your account; and
• Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Service.
• Restrictions on Use. You further agree not to:
• Use any content or information available through the Service for any unauthorized purpose;
• use the Service for any purpose, including, but not limited to posting a Listing or completing a Project, in violation of local, state, national, or international law;
• interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service;
• impersonate any person, company, or entity;
• restrict or inhibit any other user from using or enjoying the Service;
• intentionally or unintentionally violate any applicable law or regulation;
• Send or otherwise transmit to or through the Service chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• modify, sublicense, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
• assist any third party in doing any of the foregoing.
• Your Content. The Service allows you to post or submit content (“Your Content”) to or through the Service including, without limitation, photographs, messages, Project descriptions, documents, images, Listings, or any other information or audiovisual material. You are solely responsible for Your Content that you post or submit to or through the Service. Helping Neighbor does not monitor or approve content, including your Listings, posted or submitted to the Service by any other user; however, Helping Neighbor may, in its sole and unfettered discretion, edit, remove, or delete any of Your Content. As a condition of accessing and using the Service, you agree not to post or submit content that:
• is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
• violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
• promotes malice or harm of any kind against any group or individual;
• solicits user passwords, financial information, or personal identification for unlawful purposes;
• contains a virus, spyware, malware, or harmful software; or
• constitutes junk mail, unsolicited mass mail, or spam; or
• promotes the services of a direct competitor of Helping Neighbor.
The foregoing is only a partial list of the kind of Your Content which is prohibited on the Service. Helping Neighbor reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator’s Service access.
• Content License. By posting or submitting Your Content on the Service, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Helping Neighbor and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license (“License”) to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, in connection with the Service and Helping Neighbor’s marketing of the Service. You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to access, view, and reproduce Your Content for non-commercial, personal purposes as permitted through the functionality of the Service. These rights are limited and non-sublicenseable. You hereby waive, represent, and warrant (“Waiver”) that you have obtained the waiver of any and all moral rights in Your Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
You represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of Your Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit Helping Neighbor and its licensees, affiliates, and successors to use such content in accordance with the foregoing License.
You further represent and warrant that Helping Neighbor’s exercise of any of its rights under the license granted hereunder will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights, and complies with all applicable laws and regulations.
• Proprietary Rights. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to Helping Neighbor hereunder by you or third parties) (collectively, “Service Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Agreement or in writing by Helping Neighbor, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Helping Neighbor. You shall use the Service Content only for purposes that are permitted by this Terms of Service and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
• Interactions with Other Service Users. You are solely responsible for interactions with other Service users. Helping Neighbor shall not be responsible for any damage or harm resulting from your interactions with other users of the Service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You understand that Helping Neighbor does not screen users. Helping Neighbor makes no representations or warranties as to user conduct. Helping Neighbor reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any Your Content which Helping Neighbor considers prohibited. NEITHER HELPING NEIGHBOR NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. HELPING NEIGHBOR AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
• Links. The Service contains links to other internet sites and resources, and you acknowledge and agree that: 1) Helping Neighbor shall not be responsible for the availability of such external sites or resources; and 2) Helping Neighbor does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Helping Neighbor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
• Disclaimer. The Service, including, but not limited to the Site and the entirety of its contents, is provided “AS IS” and Helping Neighbor hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Helping Neighbor expressly disclaims any representation that:
• the Service will meet your requirements;
• access to the Service will be uninterrupted, timely, secure, or error-free;
• any information obtained through or from the Service will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations;
• any user-provided information will not be disclosed, in the absence of user-provided approval, to third parties; or
• any data or software errors will be corrected.
HELPING NEIGHBOR IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, SERVICES, ACTIONS OR INACTIONS OF ANY USER, HELPER, HIRER, OR OTHER THIRD PARTY BEFORE, DURING, AND/OR AFTER A PROJECT IS COMPLETED. YOU ACKNOWLEDGE AND UNDERSTAND THAT HELPING NEIGHBOR HAS NO CONTROL OVER AND DOES NOT AND CANNOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE PROJECT LISTED, THE TRUTH OR ACCURACY OF ANY OF YOUR CONTENT (INCLUDING PROJECTS AND LISTINGS), OR THE ABILITY OF ANY USER TO PERFORM, OR ACUTALLY COMPLETE A TRANSACTION. IN ADDITION, HELPING NEIGHBOR IS NOT AFFILIATED WITH AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER USED IN CONNECTION WITH THE SERVICE (SUCH AS PAYMENT PROCESSORS), AND HELPING NEIGHBOR HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER.
HELPING NEIGHBOR SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. HELPING NEIGHBOR SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER RESULTING FROM USE OF THE SITE OR SERVICE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICE AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. HELPING NEIGHBOR SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. HELPING NEIGHBOR SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICE. HELPING NEIGHBOR SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM HELPING NEIGHBOR OR THE SERVICE SHALL CREATE ANY WARRANTY.
THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
• Limits on Liability. Helping Neighbor, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns (“Helping Neighbor Parties”) shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the service, for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Service’s availability; 2) the acts, omissions, or conduct of any user or third party, whether online or offline; 3) any Service or Your Content; 4) any goods or services acquired as a result of any information obtained or transactions entered into through the Service; or 5) any use of goods or services made available on any internet resource or webpage linked through the Service, even if the Helping Neighbor parties have been advised of the possibility of such damages.
the Helping Neighbor parties’ aggregate liability to you in any matter arising from or related to the Service or the Agreement, shall not exceed the sum of either one hundred dollars ($100) or the total fees paid by you to helping neighbor during the six (6) months prior to the time such claim arose, whichever is greater.
some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Helping Neighbor’s liability is limited to the extent permitted by law.
• Release. In consideration of being permitted to access and use the Service, you hereby agree to release the Helping Neighbor Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third parties (including other Hosts or Guests) in connection with the Service, your access and use of the Service, or the Events. In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says in substances:
“A general release does not extend to claims 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.”
• Indemnification. You agree to indemnify and hold harmless the Helping Neighbor Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Helping Neighbor Party alleging that Your Content posted or submitted to the Service infringes any of the third party’s rights; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense Helping Neighbor incurs in enforcing this Section. Helping Neighbor reserves the right to control the defense and settlement of any action or proceeding against any Helping Neighbor Party that you are bound to defend pursuant to the foregoing.
• Discontinuance of Service. Helping Neighbor reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that Helping Neighbor shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Service.
• Take-Down Requests, DMCA. Helping Neighbor expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party’s privacy, publicity, intellectual property, or other rights. If any user believes in good faith that any content on the Service violates or otherwise infringes upon any user’s rights, you are encouraged to contact Helping Neighbor immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Service. To make such a request (“Take-Down Request”), you should provide the Helping Neighbor designated agent, listed below, with:
• the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of <detailed description> available at https://www.HelpingNeighbor.com/item123”);
• User’s name, mailing address, email address, and telephone number; and
• the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act (“DMCA”), Helping Neighbor has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Agent: CEN GEN, LLC
Address: 3422 N. Keating Ave. Chicago IL 60641
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Helping Neighbor will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
• Export Control. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law.
• Arbitration. For any claim (excluding claims for injunctive or other equitable relief), arising out of the Terms or the Service, where the total amount of the award sought is less than $5,000, the Party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. Such arbitration shall be initiated through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the Parties. The ADR provider and the Parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the Party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the Parties or witnesses unless otherwise mutually agreed by the Parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. Helping Neighbor shall reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous.
Any other dispute (including whether the claims asserted are arbitrable) shall be referred to arbitration, except those claims that may be asserted in small claims court. Arbitration shall be subject to the Federal Arbitration Act, conducted by the American Arbitration Association (AAA), and governed under AAA’s rules. ANY CLAIMS BROUGHT BY YOU OR HELPING NEIGHBOR MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Helping Neighbor will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Helping Neighbor reserves the right, in its sole and exclusive discretion, to assume responsibility for all of the costs of the arbitration. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law. Judgment on an arbitration award may be entered by any court of competent jurisdiction. The arbitration award shall be confidential and final and binding upon the Parties without appeal or review, except as permitted by Illinois law or United States federal law.
The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in Cook County, Illinois, and the Parties waive any right to a jury trial. The Parties agree that, notwithstanding the above, either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Subject to the arbitration provisions set forth herein, the successful Party in any dispute will be entitled to receive from the unsuccessful Party all reasonable attorneys’ fees, costs, and disbursements.
• Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
• Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
• Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.