HelloProject Terms of Service
Last updated: May 2, 2023
IF YOU ARE AN INDIVIDUAL AGREEING TO THE TERMS AND CONDITIONS OF THIS TOS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY. IF YOU DO NOT AGREE WITH THIS TOS, YOU MUST NOT USE THE SERVICES.
By clicking the “Accept” button on the screen as it relates to this TOS and/or by accessing and/or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this TOS, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by HelloProject from time to time and the foregoing shall be incorporated herein by reference. The terms and conditions of this TOS will exclusively govern your access to and/or use of the Services. You may not access and/or use the Services if you are a competitor of ours or if we have previously banned you from the Services or otherwise closed your account.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HELLOPROJECT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
1. CHANGES TO TERMS
HelloProject may, at any time, for any reason, make changes to the Services and/or modify this TOS in its sole and absolute discretion. If HelloProject makes changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this TOS page and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications. We may also provide you additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Services offered after the effective date of the changes and/or modifications. Please revisit this TOS regularly to ensure that you stay informed of any changes and/or modifications.
2. TYPES OF USERS
“The User,” “You” and “Your” refer to the person, company, or organization that has visited or is using the Platform and/or the Service. A User may be a Consumer, a Service Provider, both, or neither.
“Service Provider” refers to users of the platform, whether an individual or business who provide home-related or office-related improvement, remodeling, or repair-related services. Service Providers are not the employees or agents of HelloProject.
“Consumers” refers to individuals or businesses who wish to engage Service Provider for home-related or office-related improvement, remodeling, or repair-related services.
HelloProject acts as a platform to allow Consumers to locate, select and hire Service Providers for home-related or office-related projects and provide reviews and ratings related to the services provided by such Service Provider. HelloProject allows Service Providers to market and promote its services to Consumers. It’s HelloProject’s goal to help Consumers in need of locating a reputable Service Provider while also helping Service Providers with business development. HelloProject encourages direct communication between the Consumers and Service Providers using the tools made available through the Services.
4. USE OF THE SERVICES
Access to Services. HelloProject retains the right, in its sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances within HelloProject’s control (e.g., routine maintenance) and outside of HelloProject’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by HelloProject in its sole and absolute discretion and without notice and/or liability.
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). HelloProject does not knowingly collect or solicit information from children under the age of thirteen (13). To access and/or use the Services, you must be eighteen (18) years or older or have the requisite power and authority or possess legal parental or guardian consent to enter into this TOS. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at [email protected] if you think a child has provided us with personal information.
Creating an Account. You must create an account on the Services in order to post a project on the Services. In addition, such account requires you to (i) indicate agreement to this TOS, (ii) provide contact information and other information about your project and (iii) submit any other form of authentication required during the enrollment process, as determined by HelloProject in its sole and absolute discretion. You agree to provide true, accurate, and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You acknowledge and agree that HelloProject shall have no responsibility for any incident arising out of, or related to, your account settings. HelloProject will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify HelloProject of any unauthorized use of your password and/or account and/or any other breach of security. You are prohibited from using other disguised identities when using the Services. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by HelloProject in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this TOS, we may terminate your account immediately. Upon termination, the terms and conditions of this TOS are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
Communications from HelloProject. By creating an account, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us and/or the Consumers electronically, and you consent to receive communications from us and/or the Consumers electronically. We will communicate with you by e-mail and/or by posting notices on the Services. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Mobile Messaging. You may agree to receive text messages from Hello Project to your mobile phone/device regarding the Services. Your mobile number will be used to communicate with you by text message regarding the Services. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to use the Services. HelloProject does not charge you for sending or receiving text messages. Your mobile carrier’s rates apply. All charges are billed by and payable to your mobile provider. HelloProject will not be liable for any delays in the receipt of any ‘SMS’ messages as delivery is subject to effective transmission from your mobile and/or network operator.
Your Conduct and Responsibilities. Subject to your compliance with the terms and conditions set forth herein, you agree to the following:
- You hereby represent and warrant to HelloProject that (i) all information provided to HelloProject by you is true, complete and accurate in all respects, and (ii) you are authorized to submit information to HelloProject;
- HelloProject is authorized by you to rely upon the truthfulness, completeness and accuracy of User Content in order to serve its other users;
- You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
- You may not access all or any part of the Services in order to build a product or service which competes with the Services;
- You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Services or individual sections of it, in any form or media;
- You are only authorized to view, use, copy for your records and download small portions of the content on the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact;
- You are responsible for the accuracy and quality of the data and content that you submit and will not violate the intellectual property rights of anyone;
- You agree to act in accordance with all applicable laws, rules and regulations;
- You shall not imply that User Content is in any way sponsored and/or endorsed by HelloProject;
- You agree not to intentionally hold HelloProject and/or their employees and/or directors up to public scorn, ridicule or defamation;
- You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and notify HelloProject promptly of any such unauthorized access and/or use;’
- You will not attempt to do any of the following: access data not intended for you, monitor the Services for data gathering purposes and/or interfere with the Service in relation to any user in any manner;
- You will not use another user’s account without permission; and/or
- You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
5. RELATIONSHIP OF THE PARTIES
HelloProject is Not a Party to Contracts. HelloProject is not a party to the dealings between Consumers and Service Providers, including posts, screening, selection, contracting, a user’s conduct, and performance of and payment for the Service Provider’s services. HelloProject does not provide home or office improvement, remodeling, or repair-related services. HelloProject makes the platform available to enable Service Providers to identify and determine the suitability of Consumers and to enable Consumers to identify and determine the suitability of Service Providers. Service Providers are not the employees or agents of HelloProject. HelloProject does not, in any way, supervise, direct, or control Service Provider.
HelloProject Does Not Guarantee Results. HelloProject makes no representations about, and does not guarantee the quality, safety, or legality of, the Service Provider services; the truth or accuracy of a user’s posts on the platform; the qualifications, background, or identities of users; the ability of Service Providers to deliver the Service Provider services; or the ability of Consumers to pay for the Service Provider services.
Service Providers Do Not Perform Services for HelloProject. The services performed by Service Providers (whether individually or through a business) are for Consumers only. Service Providers do not perform services in any capacity, whether as a contractor or employee, for HelloProject. HelloProject merely makes the Platform available to enable Service Providers to identify and determine the suitability of Consumers for themselves and to enable Consumers to identify and determine the suitability of Service Providers for themselves. Nothing in these Terms will be deemed to create a partnership, joint venture, agency, broker-client relationship, or employer-employee relationship between Service Provider and HelloProject. HelloProject has no liability to Service Providers or any Consumers if a determination legal or otherwise is made by a federal, state or local agency or authority that any Service Providers are employees of HelloProject.
Safe trading. Because user authentication on the Internet’ is challenging, HelloProject cannot and does not confirm a Consumer’s purported identity. Therefore, we encourage you to communicate directly with potential Consumers through the features available through the Services.
Selling. Service Provider agrees that Service Provider has the legal authority to sell the services that Service Providers are listing through the Services and are in compliance with all applicable laws related thereto. Service Providers must abide by HelloProject’s policies and Service Providers own policies provided to the Consumers, including without limitation policies related to defective services and/or products and/or refunds.
Referrals. When a Consumer requests a referral on the Services, HelloProject will determine the applicable Service Provider for the project, in its sole and absolute discretion, and email the referral information to the applicable Service Provider to review the project for a period of up to five (5) business days. If the Service Provider does not respond to HelloProject or the Consumer within such five (5) business day period, HelloProject reserves the right to refer such Consumer to another Service Provider, and HelloProject will not provide any refunds or credits related thereto. If the Service Provider assigned to a project chooses not to accept the project or does not provide acceptable services to the Consumer, HelloProject may, in its sole and absolute discretion, refer the Consumer to another Service Provider.
Reviews. From time to time, users may submit reviews of their experience with Service Providers; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. Your use or reliance on user reviews is solely at your own risk HelloProject will have no responsibility or liability of any kind for any reliance of user reviews. Reviews may only be submitted based on user’s actual experience with a Service Provider. All reviews must be accurate, lawful, and abide by our TOS. HelloProject reserves the right, in its sole discretion to remove/delete, or respond to any reviews that it believes may be untruthful, unlawful, or in violation of this TOS.
Taxes and Third-Party Products, Services and Fees. You must pay any applicable taxes and fees due to third parties. In addition, HelloProject may use third-party service providers, products, and services to provide the Services described herein (“Third Party Services”). HelloProject does not control, endorse, and/or adopt any Third Party Services, or Service Providers and makes no guarantee as it relates to the products and/or services provided by such third parties. Your right to use such Third Party Services is governed by the terms and conditions related thereto and is not subject to the term and conditions set forth herein.
8. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services and/or products descriptions, pricing, promotions, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, offers, services and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes. We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged).
9. PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, Content and the infrastructure used to provide the Services are proprietary to HelloProject, our affiliates and other third parties. By using the Services, accepting this TOS and acting in accordance with the terms and conditions set forth herein: (a) HelloProject grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this TOS and to any additional terms and policies set forth by HelloProject; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express written permission of HelloProject.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content provided by HelloProject on the Services (“Content”), as well as the organization and/or layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions and HelloProject retains all rights, title and interest related thereto or has the rights necessary use and/or display the foregoing. HelloProject owns, controls, lawfully uses and/or licenses the Content on the Service. HelloProject’s name and logo may not be copied, imitated and/or used, without HelloProject’s prior written permission. Subject to the limited rights expressly granted hereunder, HelloProject and/or its third party providers reserve all right, title and interest in and to the Services and Content, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
User Content. During the course of your access to and/or use of the Services, you may provide a description, photo(s) and other content related to a project to other users (collectively, “User Content”) and through communication facilities that may be offered on, though, and/or in connection with the Services from time to time. You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all User Content. You hereby grant HelloProject a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose. You further hereby irrevocably grant the users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this TOS. You alone are responsible for User Content, and once published, it cannot always be withdrawn or deleted. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this TOS. As part of a transaction, you may obtain personal information from other users. This personal information shall only be used for the transaction and/or for HelloProject-related communications, unless otherwise approved by the user in writing. HelloProject has not granted you a license to use the information for unsolicited messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any HelloProject user to your email or physical mail list.
Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Services and that you provide to other users. By posting User Content on the Services, it is possible for a third party to re-post that User Content. You agree to indemnify, defend and hold HelloProject harmless for any dispute concerning the foregoing use. If you choose to display your own HelloProject hosted image on another website, the image must provide a link back to its services and/or products page on HelloProject. Notwithstanding anything herein to the contrary, HelloProject should not be seen as endorsing any User Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any User Content. If you become aware of misuse of the Services by any person, please contact us at [email protected]. HelloProject may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, HelloProject is not obligated to take any action not required by law.
User Content Restrictions. User Content shall not contain any unauthorized content which includes but is not limited to:
- content determined by HelloProject, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
- any emails and/or materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component;
- harmful, offensive, inaccurate, abusive or otherwise inappropriate language including without limitation, bigotry, racism, discrimination, hatred, or profanity;
- comments that do not address the User Content, reviews, ratings or comments with no qualitative value as determined by HelloProject in its sole discretion;
- information about illegal activities or physical harm or injury to any group, individual, institution and/or property;
- content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
- language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
- content that contains viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, reviews, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to HelloProject a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. HelloProject has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion. HelloProject will only allow reviews by Consumers with verified appointments set through the Services.
10. PROHIBITED USE
Gathering email addresses from HelloProject through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with HelloProject’s express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not interfere with the proper working of the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.
11. USER DISPUTES
You are solely responsible for interactions with other users. HelloProject reserves the right, but has no obligation, to monitor disputes between users of the Services. HelloProject has the right, but is not obligated, to do any or all of the following:
- record the dialogue within the Services;
- examine an allegation that a communication(s) does not conform to the terms and conditions of this TOS and determine in its sole discretion to remove or request the removal of the communication(s);
- remove and/or delete communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with this TOS and/or the community feel and spirit of the Services, as determined by HelloProject in its sole and absolute discretion;
- terminate a user’s access to any or all public areas and/or the Services upon any breach of this TOS;
- monitor, edit, or disclose any communication in the public areas; and
- edit or delete any communication(s) posted on the Services, regardless of whether such communication(s) violate the terms and conditions set forth herein.
HelloProject reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. HelloProject has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Contribution Restrictions. Your contributions to the Services, including but not limited to reviews, shall be unbiased and objective. Please ensure that all contributions are relevant and appropriate to the Services. We ask that you do not publicize other people’s private information.
Competition Restrictions. You shall not (i) engage in any business activity to provide, sell, rent or resell services similar and/or competitive with HelloProject; and/or (ii) create, reference or advertise any product or service that would compete with the Services.
Verification. You understand that HelloProject acts only as a virtual directory and/or marketing platform and technical interface between Consumers and Service Providers. HelloProject does not itself verify the qualifications of Consumers or other Service Providers, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to HelloProject. HelloProject cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. Please use caution, common sense, and practice safe trading when using HelloProject. HelloProject is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any service provider’s products and/or services.
You may terminate this TOS at any time for any reason by notifying HelloProject in writing at [email protected]. It is your responsibility to make sure that HelloProject receives your notice of termination as such termination will not be effective until HelloProject has received written notice of termination.
13. INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless HelloProject, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in relation to (i) User Content submitted and/or posted by you, in connection with the Services; (ii) any use of the Services in violation of this TOS; (iii) your violation of any law and/or the rights of a third party; (iv) your use of the Services and/or any breach of this TOS by you, your officers, agents, employees, contractors; (v) any dealings you have with a Consumer or Service Provider; and/or (vi) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to HelloProject in writing upon your receipt of notice of any Claim against you that might give rise to a Claim against HelloProject.
You are solely responsible for your interactions with Service Providers and other users of the Services. To the extent permitted under applicable laws, you hereby release HelloProject from any and all claims and/or liability of any other third-party related to any product and/or service, any action or inaction by a user, including but not limited to any harm caused to you, a user’s failure to comply with applicable law and/or failure to abide by the terms of the services and/or products offering and any conduct, speech and/or User Content, whether online and/or offline.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE, AND ANY CONTENT, ARE PROVIDED BY HELLOPROJECT TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TOS. HELLOPROJECT DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH HELLOPROJECT EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, HELLOPROJECT AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) HELLOPROJECT WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM HELLOPROJECT OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
15. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL HELLOPROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HELLOPROJECT HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY HELLOPROJECT, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, HELLOPROJECT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.
HELLOPROJECT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO [XXX DOLLARS] (US$XXX.00). [PLEASE ADVISE]
17. NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. HelloProject does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. The Services are not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice.
18. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
HelloProject respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- information sufficient to permit HelloProject to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for HelloProject’s DMCA Agent for notice of claims of copyright infringement is: HelloProject, Attn: Copyright Agent, 230 Northgate St., #470, Lake Forest, IL 60045.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Article. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
19. DISPUTE RESOLUTION
Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against HelloProject, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or HelloProject agree to resolve any claims related to this TOS through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting HelloProject within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this TOS). You must write us at HelloProject, LLC, Attn: Opt-Out Arbitration, PO Box 470, Lake Forest, IL 60045. If you opt out, neither you nor HelloProject can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Lake County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or HelloProject may assert claims, if they qualify, in small claims court in Lake County, Illinois. HelloProject may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of HelloProject’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and HelloProject agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Lake County, Illinois. Both you and HelloProject consent to the foregoing venue and jurisdiction.
If any provision and/or term of this TOS shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This TOS shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this TOS, this TOS will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or HelloProject of any breach and/or default and/or failure to exercise any right allowed under this TOS is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this TOS.
If you would like to request additional information regarding this TOS or for any questions, please contact us at [email protected].