At YouHelp, ensuring that you raise the funds you need is our ultimate goal. The integrity of our platform is designed to give you confidence in your selection of YouHelp for your needs. Our services are built upon solid technologies coupled with the best cyber security features. If you are unsatisfied for any reason or have questions regarding proper usage of our services, please contact us at firstname.lastname@example.org or call (888) 240-1494 for professional assistance. Assisting you makes us better!
Please take a moment to review the following policies.
These Terms and Conditions are a legal agreement (this "Agreement") between you ("user," "you" or "your") and YouHelp, Inc. ("YouHelp," "we," "our" or "us"). As used in this Agreement, "Service" refers to YouHelp's crowdfunding campaigns and related processing services, as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by YouHelp, directly or indirectly.
When you use the Service, you are agreeing to the following terms of this Agreement.
YouHelp offers the Service exclusively through its Web site ("Platform"). The Platform may have the terms of the Service updated, changed, or modified from time to time via these Terms and Conditions at our sole discretion; accordingly, you should periodically review these Terms and Conditions. Any changes posted will be indicated on this page along with a date/time stamp that indicate the revision’s effective date. We will make every reasonable effort to notify you, either through the Platform’s user interface, via email notification, or through other reasonable means, and unless otherwise stated, YouHelp may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, text, WhatsApp, and postings on the Platform. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Service or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions of these Terms and Conditions governing the Disputes section shall be made as specified therein.
Your continued use of the Service after the date any revisions become effective constitutes your acceptance of the new Terms and Conditions. To the extent allowed by law, the English version of these Terms and Conditions is binding and other translations are for convenience only. If you do not wish to accept the new Terms and Conditions, you may discontinue your use of the Service.
This Agreement incorporates by reference all policies, notices, and other content that appear on our website at www.youhelp.com as well as policies, notices, and other content concerning the Service that appear on the Platform's website (collectively, the "Website").
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICE, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT -- PLEASE REVIEW THE DISPUTES SECTION CAREFULLY.
Access and Use of The Service
The Service is offered as a platform to users of the We site, which may include Campaign Organizers and Donors, Promotions participants, and other registered and unregistered users of the Service (which may also include users who "like" or "heart" Campaigns or otherwise interact with the Platform or Service). Notwithstanding other features, the Service is designed to allow a user (typically a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute Campaign funds to the ("Donors"). For purposes of this Agreement, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. There are no fees to set up a Campaign, however, industry-standard payment processing fees
may apply to each Donation. To learn more about Youhelp’s Platform and applicable payment processing fees if any, visit https://www.youhelp.com/ how-it-works.
Charitable Giving - Youhelp is not a professional charitable organization, is not affiliated with any entity that qualifies for 501(c)(3) status, and Campaigns are not charities to which you can make tax-deductible charitable contributions.
The Service is a Platform - YouHelp is NOT a Broker, Financial Institution, Creditor or Charitable Institution: The Service is solely an administrative platform. Youhelp facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and any other entity. Youhelp is not a broker, agent, financial institution, creditor or insurer for any user. Youhelp has no control over the conduct of, or any information provided by, a Campaign Organizer, or any other user, and Youhelp hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Youhelp through the Service is for informational purposes only, and Youhelp does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Donors, users or any products, services, information or content relating to the Service, you should consult your financial, legal, tax advisers or other professional advisor as appropriate. You further acknowledge that all information and content accessed by you using the Service is at your own risk.
Youhelp does not guarantee that a Campaign will generate a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or individual(s), and we make no guarantee, explicit or implied, that any information provided through the Service by any user(s) is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. As a Donor, it is incumbent upon you to make the final determination with regard to the value and appropriateness of contributing to any Campaign, or Campaign Organizer.
Donation Disclosure - All Donations you make are at your own risk. When donating to a Campaign or otherwise through the Service, it is your responsibility – and yours alone - to understand how your money will be used. Youhelp is not responsible for any offers, promises, rewards or promotions made or offered by Campaigns or Campaign Organizers. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that any Donations will be used in accordance with any fundraising purpose prescribed by a Campaign or Campaign Organizer. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer. Although we do not have any obligation to verify that the use of any funds raised would be in accordance with applicable law and these Terms and Conditions, we do take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at http://www.youhelp.com/how-it-works. If you believe, for any reason, that a Campaign Organizer is not using the funds raised for their stated purpose, please go to https://www.youhelp.com/contact-us and alert us of this potential issue so that we can investigate. If you are a donor, you may also be covered by the Youhelp Guarantee. Policy details are located at https://www.youhelp.com/guarantee.
You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Youhelp, and Youhelp reserves the right to, provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
IF YOUHELP OR WEPAY AT ANY TIME DISCOVERS THAT THE INFORMATION YOU PROVIDED ABOUT YOU OR THE PURPOSE OF YOUR CAMPAIGN IS INCORRECT OR CHANGED WITHOUT INFORMING US, OR IF YOU VIOLATE ANY OF THESE CONDITIONS, THE SERVICES MAY BE SUSPENDED AND/OR TERMINATED WITH IMMEDIATE EFFECT AND FINES MAY BE APPLIED BY THE CREDIT CARD SCHEMES AND/OR THE AUTHORITIES FOR UNREGISTERED USE OF PAYMENT SERVICES WHICH WILL IN SUCH CASE BE PAYABLE BY YOU.
Taxes - It is your sole responsibility to determine what, if any, taxes apply to any Donations you may receive through your use of the Service. Likewise, it is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security - You are responsible for maintaining the confidentiality of your password and associated account. Accordingly, you are fully responsible for any and all activities that may occur under your password and/or account. You hereby agree to (a) immediately notify Youhelp of any unauthorized use of your password and/or account --or any other breach of security, and (b) ensure that you logout from your account at the end of each session after you have accessed the Service. Youhelp will not be held liable for any loss or damage that may arise from your failure to comply with the security requirements set forth herein.
Modifications to Service - Youhelp reserves the right to add to, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). While we endeavor to provide you with notice of any such modification, suspension or discontinuance, you agree that, to the extent permitted by law, Youhelp will not be liable to you for any addition to, modification, suspension or discontinuance of the Service as outlined in these Terms and Conditions.
Promotions – YouHelp does NOT permit you to offer any contest, competition giveaway, sweepstakes or any such similar activity ("Promotion") on or via the Service without our explicit prior written consent. You may seek such permission by sending an email to email@example.com. and by signing up for our Service. If we give our consent, you will take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for every aspect of the Promotion, including without limitation any prizes offered; (c) you may not use Youhelp’s name, trademarks, logos, or service marks or any other Youhelp intellectual property in the rules or any other materials relating to the Promotion without Youhelp’s express written consent; (d) the Promotion does not require making a Donation as the only way to enter; (e) the Promotion is not marketed to anyone under the older of the age of 18 or the age of majority for the jurisdiction in which you reside; and (f) the Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, tobacco or any other activities prohibited by these Terms and Conditions, You will include the following provisions within your official rules for any Promotion that you choose to administer or publicize on the Service: (i) Youhelp does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases and indemnifies Youhelp from any and all liability and (iii) all questions concerning the Promotion must be directed to you and not to Youhelp. On a case by case basis Youhelp reserves the right to suspend, cancel, or discontinue any Promotion conducted in connection with the Service at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions we deem necessary, in our sole discretion, to protect our users, business partners, primary business, or the public.
General Practices Regarding Use and Storage - You acknowledge that Youhelp may establish general practices and limits concerning use of the Service, including without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Youhelp's servers on your behalf. You agree that Youhelp has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Youhelp reserves the right to terminate accounts or Campaigns that are inactive for an extended period, provided that Youhelp will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign that has a positive Donations balance. You further acknowledge that Youhelp reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you adequate notice of any such change where required by applicable law.
Mobile Service - The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, and (ii) the ability to browse the Platform from a mobile device and (collectively, the "Mobile Service"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using the Mobile Service may be prohibited or restricted by your carrier, and not all Mobile Service may work with all carriers or devices. By using the Mobile Service, you agree that we may communicate with you regarding Youhelp and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Service may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. Should you change or deactivate your mobile telephone number, you agree to promptly update your Youhelp account information to ensure that your messages are not sent to an incorrect recipient.
Conditions of Use
User Conduct - You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that are uploaded, posted, published or displayed (hereinafter, "Uploads"), transmited or otherwise used via the Service. You agree to fully cooperate with any request by Youhelp for evidence it deems in its sole discretion is appropriate to verify your compliance with these Terms and Conditions.
The following are examples of the kind of content and/or use that is illegal or prohibited by Youhelp. This list, however, is not exhaustive and Youhelp reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in Youhelp's sole discretion, violates any of the terms or spirit of these Terms and Conditions (or the principles described in our preamble herein), including, without limitation, removing the offending content, suspending or terminating the account of such violators, prevent payments to any such Campaign, freezing or placing a hold on donated funds when Youhelp reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action including seeking restitution on behalf of itself and/or its users. Without limiting the foregoing, you agree to not use the Service to:
knives, explosives, ammunition, firearms, or other weaponry or accessories;
Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
Pornography or other sexual content;
Offensive, graphic, perverse or sensitive content;
Offering monetary rewards, including gift cards;
Transactions for the sale of items before the seller has control or possession of the item;
Unauthorized sale or resale of brand name or designer products or services;
Sale of goods or services that are illegally imported or exported;
Additionally, with respect to all Donations you make or accept through the Service, you agree:
Youhelp reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms and Conditions or harm the interests of our users, business partners, the public, or Youhelp, or that expose you, Youhelp, or others to risks deemed unacceptable to us. We may share any information related to your use of the Service with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Service.
Donations - In order to contribute to a Campaign, a Donor will be required to provide Youhelp information regarding a credit card or other payment instrument (“Payment Method”) that is linked to the Donor’s account on the Service (a “Billing Account”). You, as a Donor, represent and warrant to Youhelp that such information is true and that you are authorized to use the applicable Payment Method. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless Youhelp, in its sole discretion, agrees to issue a refund, for example in accordance with the Youhelp Guarantee. Youhelp uses third-party payment processing partners to bill you through your Payment Method and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently, WePay, Inc., WePay LLC, PayPal, Inc., and PayPal Giving Fund), in addition to these Terms and Conditions, including WePay’s Terms and Conditions, PayPal’s Terms and Conditions, and PayPal Giving Fund’s Terms and Conditions.
Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Payment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platform, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorize Youhelp to bill your Payment Method in the amount of the applicable Donation Payment in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Payments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Method, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Payments will apply only to Donation Payments that take place after Youhelp receives notice of such change or termination. Youhelp does not provide refunds of any amounts received in connection with previously made Donation Payments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Payment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Campaign Organizer), (b) individual Donation Payments may not be tax deductible, even if previous Donation Payments for the same Donation Subscription were, and the amount of each Donation Payment that is tax deductible may vary, (c) one or more specific Donation Payment may not be provided to or received by the applicable cause or Campaign if such cause or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause or Campaign becomes subject to an investigation or is suspended or removed from the Service by Youhelp or (d) the amounts actually received by the applicable Campaign or cause may differ from one Donation Payment to the next (for example, if any of the processing fees associated with the Donation Payment change).
Your non-termination of a Donation Subscription reaffirms that Youhelp is authorized to charge your Payment Method for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you.
Account Holds - From time to time, Youhelp may place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein) by a Campaign Organizer. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms and Conditions, or (iv) if Youhelp determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity or (v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org.
Withdrawing Donations from a Campaign - As a Campaign Organizer (or, as applicable, the beneficiary designated by the Campaign), you may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less any any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we or our payment partners may place on your Campaign account. A Campaign Organizer may withdraw Donations by electronic wire transfer to your bank account or, in certain cases, by receipt of a paper check. Although Youhelp strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Youhelp does not guarantee that Withdrawals will be available to you within any specific time frame, and Youhelp expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to Youhelp in order to process a Withdrawal, including your bank account information, is accurate and up to date. Youhelp may, at any time, for any reason, and in its sole discretion, offer or issue a refund of donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. Youhelp is not responsible for any consequences caused by Youhelp issuing refunds, including, but not limited to transaction or overdraft fees. You also acknowledge that Youhelp is not liable to compensate you in any way for any loss, and you hereby indemnify and hold harmless YouHelp.
Service Content, Software and Trademarks - You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Youhelp, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined herein) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Youhelp from accessing the Service (including by the blocking of your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Youhelp, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Youhelp.
The Youhelp name and logos are trademarks and service marks of Youhelp (collectively the "Youhelp Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Youhelp. Nothing in these Terms and Conditions or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Youhelp Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Youhelp Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Youhelp be liable in any way for any content or materials of any third parties (including users and Campaign Organizers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred because of the use of any such content. You acknowledge that Youhelp does not pre-screen content, but that Youhelp and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Service. Without limiting the foregoing, Youhelp and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by Youhelp, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Via the Service - With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Service, you hereby grant and will grant Youhelp and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Youhelp and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all of the necessary licenses, waivers and releases from such person(s) for the benefit of Youhelp in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Service and submission of User Content is strictly voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Youhelp's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Service.
We do not guarantee that any Service Content will be made available through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Service Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to any such Service Content or User Content, or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Service Content or User Content from the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Youhelp are non-confidential and Youhelp will be entitled to the unrestricted use and dissemination of these Submissions for any and all purposes, commercial or otherwise, without acknowledgment or compensation to you.
You further acknowledge and agree that Youhelp may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Youhelp, its users or the public.
Payment Card Industry Data Security Standard - The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Youhelp is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints - Youhelp respects the intellectual property of others; accordingly, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Youhelp of your infringement claim in accordance with the procedures set forth herein.
Youhelp will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Youhelp's Copyright Agent at email@example.com (Subject line: "DMCA Violation Report"). You may also contact us by mail or facsimile at:
Youhelp Copyright Agent:
City, State, Zip
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
If a counter-notice is received by the Copyright Agent, Youhelp will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, between 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringement Policy - In accordance with the DMCA and other applicable law, Youhelp has adopted a policy of terminating, in appropriate circumstances and at Youhelp's sole discretion, users who are deemed to be guilty of repeat infringements. Youhelp may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites/Service
The Service or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). Youhelp has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and Youhelp is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that Youhelp is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of any such Third Party Resources. You further acknowledge and agree that Youhelp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Service are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources, and you agree that Youhelp is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify on demand and hold Youhelp and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Donation or Campaign, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another. If you are a Florida resident, you waive Florida Statutes Section 559.951 - Internet Sales; Prohibited Practices, which says: " A violation of this section is deemed an unfair or deceptive trade practice within the meaning of part II of chapter 501. A person who violates this section is subject to the penalties and remedies provided therein." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUHELP AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOUHELP AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOUHELP NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF YOUHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOUHELP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID YOUHELP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Waiver of Trial by Jury. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Procedures. These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. If JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms and Conditions (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the Governing Law and Jurisdiction section below. Your written notification must be mailed to us at the address set out at the end of these Terms and Conditions. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms and Conditions after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms and Conditions. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms and Conditions; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.
Severability. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including without limitation the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.
Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if Youhelp makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the JAMS Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.
You agree that Youhelp, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service under reasonable circumstances, including, without limitation, for lack of use or if Youhelp believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be affected without prior notice and acknowledge and agree that Youhelp may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service where such deactivation or deletion is permitted under these Terms and Conditions. Further, you agree that Youhelp will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Youhelp will have no liability or responsibility with respect thereto. Youhelp reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms and Conditions constitute the entire agreement between you and Youhelp and govern your use of the Service, superseding any prior agreements between you and Youhelp with
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