Last Updated: Jan 11, 2025
These Terms of Use ("Terms") apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the "Services") provided by Helping Heart LLC. ("Helping Heart" or "we"). By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 16, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at [email protected].
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.
You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.
You may need to register an account to access some of our Services. If you register an account, you must provide accurate account information and promptly update that information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.
You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.
You can deactivate your account by notifying and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may require you to provide valid identifying information that is consistent with the registered identity information associated with your account. We have the right to refuse your request if such information is not provided.
We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice, if we believe activities associated with your account violate these Terms, the Community Guidelines, or otherwise pose a danger to Helping Heart, the Services, other users, or any third party. Further, if your account has not been used for more than six (6) months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.
Our Services may allow you and other users to create, transmit, post, store, and share content, including messages, text, photos, videos, audio (including musical works and non-musical works), and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Helping Heart.
You grant Helping Heart and its subsidiaries, affiliates, and service providers a perpetual, nonexclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.
You may not violate the Community Guidelines, any applicable law, contract, intellectual property right, or other third-party right, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not:
The Services, including all content, features, and functionality, are owned by Helping Heart or our licensors and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use.
Helping Heart and our logos, product names, and service names are trademarks of Helping Heart and may not be copied, imitated, or used without our prior written permission. All third-party trademarks are the property of their respective owners.
You may voluntarily submit feedback, suggestions, or ideas about our Services. You understand that we may use such Feedback for any purpose without compensation to you, and that we may treat Feedback as non-confidential.
We respect intellectual property rights. In accordance with the Digital Millennium Copyright Act ("DMCA"), we have adopted a policy of terminating accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that your copyright has been infringed, please contact our DMCA Notice Department at [email protected].
We may provide information about third-party products, services, or content through our Services. Your dealings with third parties are solely between you and the third party. Helping Heart does not control or endorse any Third-Party Content, and your access to such content is at your own risk.
In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
We may terminate your access to our Services at any time, for any reason, without notice. If you wish to terminate your account, you may do so by following the instructions on our Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. While Helping Heart attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
To the fullest extent permitted by applicable law, Helping Heart and its affiliates will not be liable to you under any theory of liability for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if Helping Heart has been advised of the possibility of such damages.
The total liability of Helping Heart for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.
You agree to indemnify, defend, and hold harmless Helping Heart and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of our Services or your breach of these Terms.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas County, Texas.
You and Helping Heart agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Helping Heart will pay the remaining JAMS fees and costs. For any arbitration initiated by Helping Heart, Helping Heart will pay all JAMS fees and costs. You and Helping Heart agree that the state or federal courts of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Helping Heart will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.
YOU AND HELPING HEART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Helping Heart agree otherwise, the arbitrator 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.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.
For information about our Community Guidelines, please see our Community Guidelines.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Helping Heart and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
You agree to waive your right to participate in a class action.
For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.
For information about our Community Guidelines, please see our Community Guidelines.
The failure of Helping Heart to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.