Who May Use HELPcare.health You may use HELPcare.health only if you agree to form a binding contract with HELPcare LLC and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old.
Privacy Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of HELPcare.health you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by HELPcare LLC and its affiliates.
Content on HELPcare.health You are responsible for your use of HELPcare.health and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via HELPcare.health or obtained by you through HELPcare.health is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via HELPcare.health or endorse any opinions expressed via HELPcare.health. You understand that by using HELPcare.health, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Your Rights and Grant of Rights in the Content You retain your rights to any Content you submit, post or display on or through HELPcare.health. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through HELPcare.health, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through HELPcare.health. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant HELPcare LLC the license described above.
Using HELPcare.health Please review the HELPcare LLC Rules and Policies, which are part of the User Agreement and outline what is prohibited on HELPcare.health. You may use HELPcare.health only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, HELPcare.health may change from time to time, at our discretion. We may stop (permanently or temporarily) providing HELPcare.health or any features within HELPcare.health to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on HELPcare.health, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for HELPcare LLC granting you access to and use of HELPcare.health, you agree that HELPcare LLC and its third-party providers and partners may place advertising on HELPcare.health or in connection with the display of Content or information from HELPcare.health whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using HELPcare.health: (i) access, tamper with, or use non-public areas of HELPcare.health, HELPcare LLC’s computer systems, or the technical delivery systems of HELPcare LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search HELPcare.health by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by HELPcare LLC (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with HELPcare LLC (NOTE: crawling HELPcare.health is permissible if done in accordance with the provisions of the robots.txt file, however, scraping HELPcare.health without the prior consent of HELPcare LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use HELPcare.health to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing HELPcare.health, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on HELPcare.health. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of HELPcare LLC, its users and the public. HELPcare LLC does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from HELPcare.health. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of HELPcare.health and your account, and you may not be able to opt-out from receiving them. Your License to Use HELPcare.health HELPcare LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of HELPcare.health. This license has the sole purpose of enabling you to use and enjoy the benefit of HELPcare.health as provided by HELPcare LLC, in the manner permitted by these Terms. HELPcare.health is protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the HELPcare LLC name or any of the HELPcare LLC trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to HELPcare.health (excluding Content provided by users) are and will remain the exclusive property of HELPcare LLC and its licensors. Any feedback, comments, or suggestions you may provide regarding HELPcare LLC, or HELPcare.health is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with HELPcare LLC at any time by deactivating your accounts and discontinuing your use of HELPcare.health. We may suspend or terminate your account or cease providing you with all or part of HELPcare.health at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the HELPcare LLC Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of HELPcare.health to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use HELPcare.health, except that the following sections shall continue to apply: II, III, V, and VI. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Disclaimers and Limitations of Liability HELPcare.health are Available "AS-IS" Your access to and use of HELPcare.health or any Content are at your own risk. You understand and agree that HELPcare.health are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “HELPcare LLC Entities” refers to HELPcare LLC, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE HELPCARE LLC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The HELPcare LLC Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of HELPcare.health or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of HELPcare.health or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by HELPcare.health; and (iv) whether HELPcare.health will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the HELPcare LLC Entities or through HELPcare.health, will create any warranty or representation not expressly made herein. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HELPCARE LLC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE HELPCARE.HEALTH; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON HELPCARE.HEALTH, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM HELPCARE.HEALTH; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HELPCARE LLC ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HELPCARE LLC, IF ANY, IN THE PAST SIX MONTHS FOR HELPCARE.HEALTH GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HELPCARE LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at HELPcare.health/terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use HELPcare.health after those revisions become effective, you agree to be bound by the revised Terms. The laws of the State of Minnesota will govern these Terms and any dispute that arises between you and HELPcare LLC. All disputes related to these Terms or HELPcare.health will be brought solely in the federal or state courts located in Mower County, Minnesota, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. HELPcare LLC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and HELPcare LLC, Inc., (address) If you have any questions about these Terms, please contact us.
