Last Modified April 2024
Welcome to the internet website available at and under https://helplink.org. This is a website of HelpLink, LLC, a Michigan limited liability company (“Organization”) and its affiliates, subsidiaries, and designees. This Terms of Use Agreement (“Agreement” or “Terms of Use”) applies to all Organization activities, including, but not limited to, our brands' websites, and all other websites, mobile sites, services, applications, platforms, and tools where this Agreement appears or is linked (collectively, the “Website”). As used in this Agreement, the Organization may be referred to as “we,” “us” or “our.”
This Agreement sets forth the terms and conditions governing your use of the Website and your access to and use of the webpage, sub-pages, URLs, links, the marks, copyrights, information, other content, materials, products, and services offered on or through the Website (collectively, the “Services”). This Agreement hereby incorporates by reference the Privacy Policy (found at “https://helplink.org/privacy”) (“Privacy Policy”) and any additional updates, revisions, supplements, modifications, and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”). Except as otherwise indicated, any reference herein to the “Agreement” shall include the Privacy Policy and any Additional Terms.
Please read the Agreement carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when such an option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THIS TERMS OF USE AGREEMENT, THE PRIVACY POLICY, AND/OR ANY ADDITIONAL TERMS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (A) THIS TERMS OF USE AGREEMENT; (B) THE PRIVACY POLICY; AND (C) ANY ADDITIONAL TERMS.
The Organization may change this Agreement at any time and from time to time in our sole discretion without providing any prior notification of any and all such changes but may, at its election, post a revised Agreement on the Website. These changes will be effective immediately and incorporated into this Agreement upon our publishing them to the Website, and we will endeavor to update the effective date of this Agreement. The “Last Modified” legend above indicates when this Agreement was last modified.
You are responsible for reviewing this Agreement each time you use or access the Website or use the Services. Your continued use of the Website or the Services following posting of a revised Agreement to the Website will be deemed to conclusively indicate your acceptance of any and all such changes.
The Organization may, in its sole discretion, at any time and without liability, modify, suspend, or discontinue, temporarily or permanently, the Website or the Services (including access to the Website via any third-party links), with or without notice to you; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users. This includes the right to modify, discontinue, or remove any content, postings, links, pages, services, or other materials at any time and for any reason. We may refuse or restrict anyone from access to the Website or the Services at any time for any reason. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You agree that all information you provide through the Website or Services, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You represent and warrant that any information you provide in connection with the Website or Services is voluntarily submitted by you and will remain accurate, current, and complete, and that you will maintain and update such information as necessary.
In order to use the Website or the Services, you must obtain access to the internet directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access. You are responsible for both making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
(a) Individual Use. You agree that you are only authorized to visit and view the Website solely for your own individual, non-commercial use, provided that you shall not duplicate, download, publish, modify or otherwise distribute any material on the Website for any purpose other than for your own individual use unless otherwise expressly authorized by the Organization in writing.
(b) Commercial Use. If you wish to refer to or provide information about the Website or any Services for commercial purposes, you must first obtain our prior written permission to do so and enter into a written agreement with the Organization. “Commercial purposes” means any activity by you, on your own behalf or on behalf of any customer, for consideration.
(c) Account Password and User ID. If you become a registered user of the Website or the Services, you must receive or establish a password and account in any manner the Organization may designate. You may only have one individual account and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility and not that of the Organization. Accordingly, you shall maintain the security and confidentiality of your account. Do not divulge your password or account information to any third party. You, alone, are entirely responsible for all activities that occur on or through your account(s), and you agree to notify the Organization immediately about any unauthorized use of accounts or any breach of security. You agree that the Organization shall not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor shall the Organization have any responsibility whatsoever for your failure to comply with this Section.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
(d) Submission. You and other Website visitors may have the ability to (i) transmit or otherwise make available through or in connection with the Website or the Services certain materials, including (but not limited to) materials which may contain information that personally identifies you or someone else; (ii) send direct mail or email solicitations and other communications to the Organization; and (iii) submit Feedback (as defined below) (each, a “Submission” and collectively “Submissions”). All Submissions must comply with these Terms of Use. You must always obtain written permission from all persons named, identified, referred, or alluded to, either explicitly or implicitly, in such content (including permission from parents or guardians if the person is under the age of 18), and, if required, provide the Organization with such written permission upon our request. Except with respect to our service providers in their provision of services to us in connection with the Website or the Services, the Organization has no control over and is not responsible or liable for any use or misuse (including any distribution) by any third party of any Submissions. You, not the Organization, are responsible for any Submissions you submit or contribute, and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE WEBSITE OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. The Organization may reject Submission content which is deemed hateful, discriminatory, explicit, threatening, toxic, and/or offensive at the Organization's sole discretion, and we have the right to remove or refuse to post any Submissions for any or no reason in our sole discretion.
(e) Use and Access Outside the United States. The Website is hosted in the United States and back up servers may be located outside of the United States. We provide this Website for use only by persons located in the United States. If you visit from the European Union or other foreign jurisdictions, please note that (i) the Organization makes no representations or warranties that the information, products, or services contained on the Website is appropriate for use or access or is available in other jurisdictions; and (ii) these jurisdictions may have laws governing data collection and use that may differ from United States law. You should be aware that if you transfer personal information to the Organization through the Website or the Services, you are transferring such information to the United States and the United States does not have the same data protection laws as the European Union and some other regions. By providing personal information to us, you consent to the transfer of it to the United States and the use of it in accordance with the Privacy Policy. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
(a) You expressly agree not to: (i) use or access the Website or the Services for any purpose that is unlawful or prohibited by this Agreement; (ii) use or access the Website or the Services in a manner that could damage, disable, overburden, or impair the server hosting the Website or the networks connected to any server hosting the Website; (iii) interfere with any third party’s use and enjoyment of the Website or the Services, or which, as determined by us, may harm the Organization or users of the Website, or expose them to liability; (iv) attempt to gain unauthorized access to information, accounts, computer systems, or networks retained on or connected to any server hosting the Website or the Services through hacking, password mining, or any other means; (v) create, post, display, publish, or distribute any link from your website to a page(s) of the Website without written permission from us; (vi) use the Website or Services for any purpose that is fraudulent or otherwise tortious or unlawful; (vii) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Website or Services except as expressly authorized herein, without our express prior written consent; (viii) remove any legal notices, credits, copyright, trademarks, trade names, logos, color schemes, service marks, slogans, other proprietary notices, or similar means of identifying products or services displayed on the Website (collectively, the “Marks”) from the Website or Services; (ix) impersonate or attempt to impersonate the Organization, an Organization employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (x) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(b) The Organization reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, any law enforcement authorities or court order requesting the identity or other information of users who have participated in such violations. YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ORGANIZATION DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Website or the Services.
(c) Do Not Violate Third Party Intellectual Property Rights. Without limiting any of our rights or your obligations under this Agreement, you may not, and by using the Services or the Website you agree not to, use the Services or the Website to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and/or trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(d) Termination. We may terminate or suspend your access to all or part of the Website and the Services immediately for any or no reason, including (without limitation), if we believe that your conduct fails to conform with this Agreement. Upon termination of your access to, and use of, the Website or the Services, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Website and the Services. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Website, the Services, the Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Website or the Services), you may also be subject to civil and criminal liability.
You may use the Services and the Website only for lawful purposes and in accordance with these Terms of Use. The Services and use of the Website is subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances, and the like applicable to the use of the Services and the Website. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules, or regulations without first obtaining all necessary licenses, consents, and approvals therefor, as well as authorization from us.
(a) We may make available the ability to make donations, purchases, or otherwise obtain products through the Website and Services (a “Transaction”).
(b) If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card or debit card number and its expiration date, your billing address, your shipping information, and relevant contact information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT INFORMATION THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties (such as Stripe and/or its financial service providers) on your behalf, and to grant such third parties (and/or their respective financial service providers) the rights to collect, use, retain, and disclose such data and information for the purposes of facilitating Transactions, including providing you with information regarding the status of your Transactions. You acknowledge that verification of information may be required prior to the acknowledgment or completion of any Transaction.
(c) You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when such charges are incurred, including (but not limited to) all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. You acknowledge and agree that Transactions cannot be canceled for any reason after received on the Website.
(d) By making a Transaction, you represent that the applicable products will be used only in a lawful manner. We reserve the right, including without prior notice, to (i) limit the available quantity of or discontinue making available any product, (ii) impose conditions on the honoring of any coupon, discount, or similar promotion, (iii) bar any user from making any Transaction, and (iv) refuse to provide any user with any product.
(e) Products may be shipped to an address designated by you so long as such address is complete and complies with the shipping restrictions contained on the Website or in this Agreement. All Transactions for products are made pursuant to a shipment contract (shipments made pursuant to such shipment contract are subject to the carrier’s terms and conditions of service in effect on the date of shipment). As a result, risk of loss and title for these products pass to you upon delivery of these products to the carrier. You expressly agree that products may be packaged or delivered in separate packages or shipments, in which case any claim for damaged or lost products may be paid by the carrier only with respect to the particular portion of the package or shipment that was damaged or lost. You expressly agree that we have no liability if any claim is denied or paid only in part by the carrier.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Organization, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Organization name, the “HELPLINK” wordmark, the HelpLink logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Organization or its affiliates or licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Except to the minimum extent otherwise expressly permitted under law, no copying or exploitation of material from the Services or on the Website is permitted without the express prior written permission of us and any other applicable copyright owner. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer, or modify any of the content, data, information, or materials found on the Website. You agree not to use the Marks or other Website content on any site, website, web page, portal, or on any form of advertisement which you operate, authorize, or control without our express prior written permission. You may not use our Marks or copyrighted materials in any search engine descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website, web page, portal, or e-mail operated, controlled, or authorized by you, without our express prior written permission, and your doing so constitutes a violation of our rights under United States federal and state law, and other international laws, and is a breach of this Agreement. You agree not to adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. You agree not to submit or maintain any information submitted to search engines which incorporates any content from the Website, the Marks, or any marks that are confusingly similar to the Marks without our prior written consent. You may not resell the Services (or any part thereof) without our prior written consent. All rights not expressly granted under this Agreement are expressly reserved to us. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. If you believe your rights under applicable copyright laws are being infringed, you may notify us in accordance with the instructions set forth in the “Copyright Infringement Claims” section below.
For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Submission, in any format or media now known or hereafter developed, to provide you the Website and Services and any Products or services requested by you through the Website and Services, and for any other purpose in connection with our operation of the Website and Services.
In addition, if you provide us any suggestions, ideas, proposals, comments, questions, feedback, or other information (“Feedback”), whether related to the Website and Services or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including but not limited to promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section (including all necessary rights, licenses, consents, and permissions with respect to our reproduction and use of the Submissions within the scope of the license granted in this section), and that your Submissions and Feedback, and your provision of them through and in connection with the Website and Services, do not violate any terms or conditions of this Agreement (including your obligations under the “Acceptable Use” and “Unacceptable Use” sections above), are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.
We may (but have no obligation to) monitor, evaluate, filter, alter, or remove Submissions before or after they are posted on the Website. However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
We may (but have no obligation to) analyze your access to or use of the Website or Services. We may disclose information regarding Submissions and your access to and use of the Website or Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail, or fax requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices with respect to copyright infringement claims must be sent in writing to HelpLink as follows: By mail to 10850 E Traverse Hwy Ste 4400, Traverse City, MI 49684; or by e-mail to hello@helplink.org.
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES UNDER FEDERAL LAW. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
Certain Website functionality may make available access to information, products, services, and other materials made available by third parties, including our network referral partners (“Third Party Materials”), or allow for the routing or transmission to such Third Party Materials, including via links on our Website. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any Intellectual Property Rights therein. Nothing in this Agreement will be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website or Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Additionally, the Web Site may contain links to third-party web sites (including but not limited to service providers such as Braintree, Shopify, PayPal and/or one of its or their financial service providers) (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Please carefully review the policies and practices of the External Sites and make sure you understand them before you engage in any transaction. You should contact the site administrator or webmaster for those External Sites if you have any complaints, claims, concerns, or questions regarding such links or any content located on such External Sites.
YOUR USE OF EXTERNAL SITES AND/OR THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH EXTERNAL SITES AND/OR THIRD PARTY MARTERIALS (INCLUDING BUT NOT LIMITED TO TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH EXTERNAL SITES AND/OR THIRD PARTY MATERIALS).
While we try to maintain the timeliness, integrity, and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct, and/or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact us at hello@helplink.org with a description of such alteration and its location on the Website.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
YOUR USE OF THE SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE SERVICES OR THE INFORMATION CONTAINED ON THE WEBSITE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE ORGANIZATION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, DELAY, OR ERROR-FREE MANNER (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAY, OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD, OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE WEBSITE OR SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ON ANY SALES TRANSACTIONS PAGE, OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, PARTNERS, SUCCESSORS, ASSIGNEES, LICENSEES, CO-BRANDING PARTNERS, NETWORK REFERRALS, AGENTS, VENDORS, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY, “INDEMNIFIED PARTIES”) WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, EMOTIONAL DISTRESS, AND/OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE EXTENT (AND ONLY TO THE EXTENT) THAT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY ($250) US DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE OR SERVICES, OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE WEBSITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted under applicable law, you agree to indemnify, hold harmless, and, at our request, defend the Indemnified Parties, and their respective successors and assigns, from and against any and all claims, demands, causes of actions, debt, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees), to the extent that such action is based on, arises out of, or relates to (i) your use of (or inability to use), or activities in connection with, the Services and any aspect of the Website (including all Submissions and products ordered by you through the Website); (ii) any violation or alleged violation of this Agreement by you and/or any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use; or (ii) any other activities of yours conducted using the Services or the Website.
This Agreement is effective until terminated. We may terminate this Agreement or terminate or suspend your use of the Website or Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Website or Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password, and account, and all associated materials, without any obligation to provide any further access to such materials.
You may terminate this Agreement at any time by notifying us that you no longer wish to use our Services, requesting your account be deactivated, or ceasing use of the Website.
Any provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive the termination or expiration of this Agreement and continue in full force and effect thereafter.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located closest to the city of Traverse City, Michigan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If you have a question or complaint regarding the Website or the Services or this Agreement, please contact us by e-mail to hello@helplink.org. You may also contact us in writing by mail at 10850 E Traverse Hwy Ste 4400, Traverse City, MI 49684. Please note that e-mail and chat communications may not necessarily be secure. As such, you should not include personal information in your e-mail correspondence with us.
(a) This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Organization.
(b) You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.
(c) This Agreement and our Privacy Policy, including any terms and conditions incorporated herein and therein, constitute the entire agreement between you and us with respect to the subject matter addressed herein and therein, and governs your use of the Website and the Services, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with us in writing pursuant to a registration to access certain features of the Website. Neither the course of conduct between the parties nor trade practices shall act to modify this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect.
(d) Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.”
(e) No waiver by the Organization of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
(f) Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
(g) Without limiting the foregoing, the Services and the Website are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT ACCESS THE WEBSITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE WEBSITE. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements.
