Welcome to the Helphour.org (“HelpHour”) website located at www.helphour.org (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://www.helphour.org/privacy) carefully because they govern your use of our Site and the provision of our subscription services that provide a full-service marketing platform that combines social media, customer reviews, mobile and email marketing to you. To make these Terms easier to read, the Site and our subscription services are collectively called the “Services.”

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Privacy Policy

To the extent you provide personal information to HelpHour in connection with your registration, please refer to our Privacy Policy (https://www.helphour.org/privacy) for a description of how we use and disclose such information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. You acknowledge and agree to allow HelpHour to monitor all usage through our platform including the reading of messages, and peripheral data such as IP addresses, session usage, pixel by pixel usage recordings and any other data related to usage.

3. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. For example, we may remove a feature that users don’t use very often. We will notify you of significant changes to the Services that may affect you by sending you an email or posting on the Services.

4. Who May Use the Services

You may use the Services only if you are 18 years or older and capable of forming a binding contract with HelpHour and are not barred from using the Services under applicable law. You represent and warrant that you (a) have not previously been suspended by HelpHour or removed from the Site; (b) are not a competitor of HelpHour; and (c) have full power and authority to enter into these Terms of Service and in doing so will not violate any other agreement to which you are a party.

5. Registration

If you want to use certain features of the Services you’ll have to create an account (“Account”), which you can do by contacting our representatives. In creating an account, you will be required to provide certain information about yourself and establish your login credentials. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

You may be able to create a “Business Account” for a group of Accounts for your employees and/or independent contractors providing services to your business (“Authorized Users”). To the extent you create a Business Account, each Authorized User must have his/her own Account. You and your Account administrator(s) will determine the access and policy controls for your Authorized Users within your Business Account (each with their own unique login credentials). You are responsible for all actions taken under an Authorized User’s Account, whether or not such action was authorized by an Authorized User. You are responsible for the security of each Authorized User’s Account and will not share (and will instruct each Authorized User not to share) such Account details with any other person or entity or otherwise permit any other person or entity to access or use the Services.

6. Use of the Services

We grant you, and your Authorized Users, permission to use the Services subject to your compliance with these Terms of Service, and during the applicable subscription term (“Subscription Term”). You access and use the Site at your own risk. Subject to these Terms, we’ll use commercially reasonable efforts to provide Services during the applicable Subscription Term. You will promptly inform of any issue regarding the Services of which you become aware.

7. Unauthorized Access

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

8. Subscription Payment and Term

By purchasing or subscribing to the Services, you agree to a minimum Subscription Term of three (3) months paid in quarterly installments, during which you are obliged to maintain a subscription at the same or greater price than the subscription selected upon initial payment. Upon the expiration of the minimum contract term, the subscription will renew automatically on a quarterly basis unless you cancel or downgrade at least two (1) business days before your next billing date.

A valid credit card is required for paying the subscription fees. Subscriptions are billed on a quarterly basis at the beginning of each subscription period and are non-refundable. Please note that our fees are subject to change, although we will give you at least a month’s notice before any new fees take effect. Under no conditions, including forgetting to cancel a subscription renewal are credits refundable for cash. You are paying for access to our marketplace and there is no guarantee that you will find a suitable match to your exact specifications. All payments are non-refundable.

9. Proprietary Rights

9.1. Content

• “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including HelpHour Content and Customer Content.
• “HelpHour Content” means any Content created or licensed by HelpHour (including, without limitation, Content created for you or with your input).
• “Customer Content” means any Content that Account holders (including you) provide to be made available through the Services.

9.2. Content Ownership

HelpHour does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Customer Content. Subject to the foregoing, HelpHour and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

9.3. Rights in Customer Content Granted by You

By making any Customer Content available through Services you hereby grant to HelpHour a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your Customer Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your Customer Content. You represent and warrant that you own all your Customer Content or you have all rights that are necessary to grant us the license rights in your Customer Content under these Terms. You also represent and warrant that neither your Customer Content, nor your use and provision of your Customer Content to be made available through the Services, nor any use of your Customer Content by HelpHour on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable.

You can remove your Customer Content by contacting us and requesting that it be deleted. However, in certain instances, some of your Customer Content (including, without limitation, posts or comments that have been made) may not be completely removed and copies of your Customer Content may continue to exist on the Services in archive or backup form. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Customer Content.

9.4. Photographs, Videos and Recordings

To the extent you request that we photograph, film and/or record you, we may do so and any such photos, videos or recordings will be considered HelpHour Content and will be owned exclusively by HelpHour. To the extent such photos, videos or recordings contain any third party’s name, image, likeness or voice, you represent and warrant that you will obtain all necessary permissions and releases from such third party. In the event you wish to use such photos, videos or recordings in connection with your business outside of the Services, upon your request, we may choose to grant you a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and display certain of those photos, videos, or recordings subject to the payment of a fee.

9.5. Rights in Content Granted by HelpHour

Subject to your compliance with these Terms, HelpHour grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the HelpHour Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

9.6. Content Disclaimer

In accessing or using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. HelpHour does not endorse such Content and cannot vouch for its accuracy.

9.7. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@helphour.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

10. Access Rights

As part of the Services, you may choose to allow HelpHour to manage third-party profiles, applications or websites on your behalf (“Third-Party Services”) using usernames and passwords that you provide to log in to the Third-Party Services (such information comprising a “Third-Party Login”). You hereby grant HelpHour the right to (1) create, access and manage the Third-Party Services in your name using HelpHour Content, Customer Content and publicly available information; (2) post, at HelpHour’s discretion, Customer Content or HelpHour Content to the Third-Party Services in your name, including but not limited to Content that mentions, discusses, or promotes third parties; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the Third-Party Services; (4) host, using the resources of HelpHour or its affiliates, the Third-Party Services, to the extent necessary to provide the Services; and (5) use and store Third-Party Logins to accomplish any of the foregoing. YOU ACKNOWLEDGE AND AGREE THAT WHEN HelpHour IS CREATING, ACCESSING AND MANAGING THE THIRD-PARTY SERVICES, HelpHour IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT MAINTAINS THE THIRD-PARTY SERVICES. Your access to the Third-Party Services is governed solely by the agreement between you and the operator of the Third-Party Services.

Upon termination of your use of HelpHour’s services, you retain the right to access and control the Third-Party Services not hosted by HelpHour or its affiliates, as well as Customer Content. At any time, including upon termination of your use of HelpHour’s services, HelpHour may delete, disable, alter, remove, retain, or otherwise dispose of the Third-Party Services, if any, hosted by HelpHour or its affiliates. HelpHour may continue to access, collect, read, analyze, and otherwise use the Third-Party Services for the purpose of data collection until you inform HelpHour otherwise.

11. General Prohibitions and HelpHour’s Enforcement Rights

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Services or any individual element within the Services, HelpHour’s name, any HelpHour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HelpHour’s express written consent;
• Access, tamper with, or use non-public areas of the Services, HelpHour’s computer systems, or the technical delivery systems of HelpHour’s providers;
• Attempt to probe, scan or test the vulnerability of any HelpHour system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HelpHour or any of HelpHour’s providers or any other third party (including another user) to protect the Services or Content;
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HelpHour or other generally available third-party web browsers;
• Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation in violation of any applicable law or regulation;
• Use any meta tags or other hidden text or metadata utilizing a HelpHour trademark, logo URL or product name without HelpHour’s express written consent;
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

12. DMCA/Copyright Policy

HelpHour respects copyright law and expects its users to do the same. It is HelpHour’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see HelpHour’s Copyright and IP Policy at www.helphour.org/privacy, for further information.

13. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

14. Billing

14.1. Subscription and Creditst

As a member of HelpHour you are paying a quarterly subscription fee for access to the marketplace, tools and client support. At each quarterly billing cycle you will receive one apprenticeship credit which is included in each of your membership payments. A credit is used to bring on an apprentice for a 3 month apprenticeship term. The 3 month apprenticeship term begins only when you sign a labor contract, and ends 3 months after the signing date. A credit expires 3 months after each billing. Credits must be used within the 3 month timeframe they are eligible. At each new billing cycle, you will receive a new credit. Credits are non refundable. HelpHour takes no responsibility on whether you utilize your credits within the 3 month eligibility period. The benefit of a credit is that it enables you to work with your apprentice for a full 3 month term event if you pause, or cancel your membership.

14.2. Cancellation, Pausing and Termination

You are solely responsible for cancelling your subscription, pursuant to Section 8 (Subscription Payment and Term) of these terms. You may cancel your subscription or your Account at any time at least two (2) days before your next billing date through your settings. Email and voicemail messages to HelpHour are not a recognized method of cancellation. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You will not receive a refund for any partial-term cancellation or termination. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Section 9 (Proprietary Rights), Section 10 (Access Rights), Section 11 (General Prohibitions and HelpHour’s Enforcement Rights), Section 12 (DMCA/Copyright Policy), Section 13 (Links to Third Party Websites or Resources), Section 14 (Cancellation, Pausing and Termination), Section 15 (Warranty Disclaimers), Section 16 (Indemnity), Section 17 (Limitation of Liability), and Section 18 (General Terms).

You may pause your account at any time for the time periods allotted. At the end of those time periods your billing cycles will resume. If you have 0 credits your credit card will be billed upon unpausing. You are not entitled to refunds once you pause an account. Cancelling an account will result in the loss of any unused credits.

14.3. Hiring

As part of our terms of service the business agrees to pay HelpHour a finders fee of $499 for any hire they source through HelpHour. This includes hiring their apprentice as a freelancers, contractor, employee, or any other paid arrangement.

15. Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind, EXPRESS, STATUTORY OR IMPLIED. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any work performed through our platform.

16. Indemnity

You will indemnify and hold harmless HelpHour and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Customer Content, or (iii) your violation of these Terms.

17. Limitation of Liability

NEITHER HelpHour NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with these Terms or from the use OF or inability to use the Services or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not HelpHour has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In no event will HelpHour’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services or content EXCEED THE AMOUNTS YOU HAVE PAID TO HelpHour FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HelpHHour, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HelpHour AND YOU.

18. General Terms

These Terms constitute the entire and exclusive understanding and agreement between HelpHour and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HelpHour and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (by court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without HelpHour’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. HelpHour may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by HelpHour under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

HelpHour’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HelpHour. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

19. Contact Information

If you have any questions about these Terms or the Services, please contact HelpHour at hello@helphour.org.

The terms and conditions below (the “Terms of Service”) govern your access to and use of HelpHour’s websites, products, and services (collectively, the “Site”). The Terms of Service constitute a legal agreement between you and HelpHour. You agree to the Terms of Service by accessing or using the Site. Do not access or use the Site if you are unwilling or unable to be bound by the Terms of Service.