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Terms of Use

Terms of Use | HiredHelpr

HiredHelpr Terms of Use and Mobile Application End User License Agreement

Last Modified: April 16, 2020

Acceptance of these Terms of Use

These terms of use and mobile application end user license agreement (together, the “Terms of Use”) are entered into by and between You and HiredHelpr LLC (“HiredHelpr,“ “Company,” “we,” or “us“). The following Terms of Use govern your access to and use of HiredHelpr’s digital products and services, including www.hiredhelpr.com and mobile applications (the “Websites”), including any content, functionality, and services offered on or through the Websites, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at https://hiredhelpr.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Websites. 

The Websites are offered and available to users who are 18 years of age or older. By using the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

License Grant

Subject to these Terms of Use, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Websites for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these Terms of Use. 

Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of the Websites, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Websites.
  • Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.

To access the Websites or some of the resources they offer, you will be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with the Websites or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of the Websites using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, 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.

No Illegal Activity

HiredHelpr may investigate complaints and reported violations of these Terms of Use. If we suspect illegal or inappropriate activity, we may report it to law enforcement officials, regulators, or other parties. We may disclose user information of anyone or any entity involved in that activity to the extent necessary, including, but not limited to: user profiles, e-mail addresses, usage history, submitted or uploaded materials, IP addresses, and traffic information. If possible, we will take reasonable steps to minimize the disclosure of confidential information of users who are not the target of the investigations, such as by redacting confidential information.

Intellectual Property Rights

The Websites and their 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 Company, 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.

These Terms of Use permit you to use the Websites for your use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

  • Modify copies of any materials from the Websites.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Use any illustrations, photographs, or any graphics separately from the accompanying text.
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Websites or any part thereof;
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Websites, including any copy thereof. 
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Websites, or any features or functionality of the Websites, to any third party for any reason, including by making the Websites available on a network where it is capable of being accessed by more than one device at any time.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws concerning the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
  • Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in these Terms of Use, without HiredHelpr’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Websites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Websites.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites. 
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.

Copyright Infringement

HiredHelpr reserves the right to remove any content that allegedly infringes a third party’s copyright or otherwise violates the rights of any third party, or for any reason whatsoever, and to prohibit further use of the Websites by the individuals responsible for said infringement or violation. HiredHelpr also reserves the right to pursue any party that submits an erroneous declaration. If you believe that any content appears on the Websites in violation of your copyright or other proprietary rights, you should send a notice to HiredHelpr by first-class mail, return receipt requested, at the following address: 525 Yale Street, #363, Houston, TX 77007. Such notice should include the following:

  • 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. Include information reasonably sufficient to permit HiredHelpr to locate the material.
  • Information reasonably sufficient to permit HiredHelpr to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • The signature of the complaining party.
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of the information posted on or through the Websites. 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 Websites, or by anyone who may be informed of any of its contents.

Links

The Websites may list links to other websites to other sites and resources provided by third parties. We do this for your convenience only. When you click on a link to another website, you are leaving HiredHelpr’s Websites. Any such links are not a recommendation or approval of such third party websites or their owners.  Such third party websites, even if cobranded with one of HiredHelpr’s logos, are not under HiredHelpr’s control. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Changes to the Websites and Updates

Company may from time to time in its sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the mobile application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Information About You and Your Visits to the Websites

You acknowledge that when you download, install, or use the Websites, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Websites. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Websites or certain of its features or functionality All information we collect through or in connection with these Websites are subject to our Privacy Notice “https://hiredhelpr.com/privacy-policy/“. By downloading, installing, using, and providing information to or through the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.

YOUR USE OF THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Websites 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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of Harris County in the State of Texas, 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.

Limitations on Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ANY CLAIM BY YOU THAT MAY ARISE IN CONNECTION WITH THESE TERMS OF USE MAY BE COMPENSABLE BY MONEY DAMAGES AND YOU AGREE THAT YOU WILL IN NO EVENT BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF. YOU ALSO HEREBY EXPRESSLY WAIVE ANY RIGHT TO RESORT TO ANY FORM OF CLASS ACTION.

Waiver and Severability

No waiver by the Company 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 Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect. 

Entire Agreement

These Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and HiredHelpr concerning the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, and implied and express, concerning the Websites. 

Your Comments and Concerns

The Websites are operated by HiredHelpr, 525 Yale Street, #363, Houston, TX 77007.

All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to: 

Connor Pfister
connor@hiredhelpr.com

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