HireAHelper Terms & Conditions v2.00
The following terms and conditions govern all use of the www.HIREAHELPER.com website (the "Site") and all of the services available at the website (taken together, the "Service"). The Service is owned and operated by HIREAHELPER, LLC ("HIREAHELPER"). The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by HIREAHELPER (collectively, the "Agreement").
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. HIREAHELPER may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
If you do not agree to all of THE TERMS AND CONDITIONS OF THIS AGREEMENT, do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Site is a neutral venue where individuals ("Customers") can locate, engage and pay service providers ("Helpers"). As a neutral venue, HIREAHELPER cannot and will not guarantee or ensure the ability of (i) Helpers to complete (or properly complete) any services or (ii) Customers to complete payment for such services. Any and all communications, or correspondence, verbal or written, or any warranties or representations, made with regard to any Helper services are not provided by HIREAHELPER, but rather are made specifically and solely by the applicable Helper. HIREAHELPER does not prequalify or validate the claims of Helpers including with respect to their licensing, insurance and registration. In addition, HIREAHELPER does not pre-screen Helpers for compliance with federal, state or local laws and regulations and, therefore, HIREAHELPER recommends that Customers confirm such compliance directly with the applicable Helper(s) before services are rendered.
2. Other Terms
Certain services available through the Site may be subject to additional terms and conditions. For example, Helpers are subject to the Service Provider Guidelines. In addition, the Company's Help Section sets forth processes and procedures to help Customer in locating and engaging Helpers through the Site. Your breach of any of terms or conditions contemplated by this "Other Terms" section shall constitute a breach of this Agreement. To the extent such additional terms or conditions conflict with this Agreement, such terms/conditions shall control.
HIREAHELPER reserves the right, at its sole discretion, to modify or replace any provision of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
4. Registration and Your Customer Record
As a condition to using the Service, you may be required to register with HIREAHELPER and select a password and a user ID ("User ID"). Your User ID and password, together with any other contact information you provide become your "Customer Record." Your User ID can be changed by contacting HIREAHELPER via firstname.lastname@example.org. You shall provide HIREAHELPER with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You must ensure that your account with HIREAHELPER contains (at all times) a valid email address. In addition, you shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. HIREAHELPER reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your HIREAHELPER password. You shall never use another user's account without such other user's express permission. You shall never transfer or assign your account to any third party. You will immediately notify HIREAHELPER of any unauthorized use of your account, or other account-related security breach of which you are aware (such notification must be sent by you to ).
All Helper services will be paid for in advance by Customer (in a form and manner designated by HIREAHELPER). Payments will be tendered to HIREAHELPER and held by HIREAHELPER in escrow in a separate trust account. In return, HIREAHELPER will provide Customer with the means to release payment either by calling the Payment Release Line or by signing the Helper's invoice upon completion of the job.
CUSTOMER ACKNOWLEDGEMENT: As a Customer, you agree that, upon completion of services by a Helper, you shall promptly call the HIREAHELPER "Payment Release Line" or sign the Helper's invoice showing the total amount of hours worked. Calling the Payment Release Line and releasing payment or signing the Helper's invoice shall constitute irrevocable authorization for HIREAHELPER to release the applicable payment to that Helper. Customer shall not be entitled to any refund with respect to any amount released. Therefore, once you have authorized HIREAHELPER to release payment to a Helper, you agree that all payment disputes (including but not limited to defective Helper services) your sole recourse shall be against the applicable Helper – not HIREAHELPER. In such circumstances, you will not attempt to block or otherwise prevent HIREAHELPER's payment processing activities (such as, by requesting your credit card provider to refuse or rescind payment to HIREAHELPER). Please also see the "Disputes with Other Users" section below.
HELPER ACKNOWLEDGEMENT: As a Helper, you agree that you shall not be entitled to receive any payment from HIREAHELPER for your services except through use of the Payment Release Line or by having the customer sign the invoice provided to you by HIREAHELPER. If a Customer refuses or otherwise fails to release payment to you such failure/refusal is an issue for you to address directly with the Customer (and HIREAHELPER has no responsibility or liability with respect to such failure/refusal). For more information regarding payment processes and procedures, please see the Help Section.
7. Off-Site Communications
As a Helper, you shall not provide (or offer) any services you have posted on the Site outside of the Site, or otherwise in any manner that may circumvent the fees payable to HIREAHELPER in connection with the services you perform for a Customer who engaged or contacted you through the Site. Offers of this nature circumvent HIREAHELPER's fee structure and are a potential fraud risk for Customers and Helpers. Some examples of off-Site offers include:
- Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in any part of the Site in a manner that may allow a Customer to contact you outside of the Site.
- Requesting that a Customer who engaged you through the Site pay for your Helper services outside of the Site (i.e. pay you via any means other than through using the Payment Release Line or signing your HIREAHELPER Invoice).
As a Customer, you agree that you shall not engage in any activity that induces a Helper to take any action prohibited by this Section 7 (such as by offering to pay a Helper directly instead of through HIREAHELPER.)
You acknowledge that a key component and integrity of the Service is the ability of Customers to leave feedback about services, (whether positive, neutral or negative), found through HireAHelper or otherwise and for other Customers to read and evaluate those feedback and make voluntary choices based upon that feedback. Therefore:
- As a Customer, you agree to only provide truthful and fair feedback. You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as, accepting payment in exchange for providing positive feedback with respect to any Helper).
- As a Helper, you agree that you shall not (and shall not attempt to): (A) improperly influence the feedback of any Customer in any manner; (B) post, cut and paste, and/or copy the content of Customer feedback review from the Site to your personal or business website, to any third party website, and/or on any of personal, business, or third party marketing materials (regardless of the form); or (C) post or attempt to post, in any manner or by any means, a feedback review of your own services.
- As a Customer and a Helper, you acknowledge that you may expose yourself to liability if your feedback contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
By leaving your feedback, you represent and warrant that you are the author and owner of the intellectual property rights thereto, all “moral rights” that you may have in such content have been voluntarily waived by you and all content that you post is accurate.
Furthermore, you understand and acknowledge that your feedback may be used in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant HireAHelper world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your feedback for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access to your feedback in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against HireAHelper and its users any claims and assertions of moral rights or attribution with respect to Feedback. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Feedback.
9. Links on the Site
From time to time, we may, with permission from the site owner, decide to link to websites that we determine may be of interest to our visitors. These websites may offer educational, governmental or other resources or may be owned or controlled by other third parties.
We are not responsible for the content, information, products, or services of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such sites. HIREAHELPER provides links to third party sites only as a convenience and the inclusion of any such link on the Site does not imply HIREAHELPER's endorsement of either the site, the organization operating such site, or any products or services of that organization. A visit to any site or page from the Site via any such link is done entirely at your own risk.
Under no circumstances will HIREAHELPER be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site.
If you find any link on the Site or any linked website objectionable for any reason, you may notify us at email@example.com. HIREAHELPER will consider requests to remove links but will have no obligation to do so or to respond directly to you.
10. E-Mail Confirmations and Alerts
HIREAHELPER may from time to time provide automatic e-mail confirmations and account-related alerts. Confirmation e-mails and alerts are active by default as part of the Service. HIREAHELPER may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Confirmations and alerts will be sent to the email address you have provided as your primary email address for HIREAHELPER.COM. If your email address changes, you are responsible for informing us of that change. Because such electronic communications are usually not encrypted, we will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information. You understand and agree that any confirmations and alerts provided to you through the Service may be delayed or prevented by a variety of factors. HIREAHELPER does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any confirmation or alert. You also agree that HIREAHELPER shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert.
11. Standard Repair Coverage Insurance
Some moving jobs booked through HIREAHELPER.COM are covered by "Standard Repair Coverage Insurance" provided that the Customer activates their policy. A policy becomes active upon the completion of the Customer's moving inventory list. If the Customer may not activate or edit their insurance policy after 11:59pm the day before the job date. At such time, the inventory will become unavailable to edit and the policy will be marked inactive. "Standard Repair Coverage Insurance" covers up to $0.60 USD per pound of goods listed in the Customer's active inventory.
"Standard Repair Coverage Insurance" is not available to customers who book moving jobs whose start times occur less than 24hours after the reservation has been placed. For a list of coverage, please see the insurance comparison page at hireahelper.com
"Standard Repair Coverage Insurance" is underwritten by GSIS Inc. Claims against this policy must be filed at http://hireahelper.com/complaints-claims/ within 7 days of the job completion. The policy number for a "Standard Repair Coverage Insurance" policy is the same as the job ID number.
12. Disclaimer of Warranties
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FOR CLARITY, THIS MEANS THAT HIREAHELPER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OR SAFETY OF ANY HELPER SERVICES THAT YOU MAY OBTAIN THROUGH USE OF THE SERVICE. HIREAHELPER DOES NOT REGULATE, MONITOR, OR GUARANTEE THE TIMELINESS OR QUALITY of ANY WORK PROVIDED TO ANY CUSTOMER(S) BY ANY HELPER(S) (OTHER THAN FACILITATING VARIOUS RANKINGS THROUGH THE SITE BASED ON CUSTOMER REVIEWS AND OTHER FACTORS). IF YOU ARE A CUSTOMER, YOU ENGAGE HELPERS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
13. Limitations on Liability
IN NO EVENT SHALL HIREAHELPER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. AS A HELPER, YOU UNDERSTAND AND AGREE THAT HIREAHELPER HAS NO RESPONSIBILITY OR LIABILITY FOR A CUSTOMER'S FAILURE TO PAY YOU FOR SERVICES YOU HAVE PERFORMED. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless HIREAHELPER and its officers, directors, shareholders, employees and agents, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement (or any law or regulation) by you. HIREAHELPER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with HIREAHELPER in asserting any available defenses.
HIREAHELPER may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Disputes with Other Users
You agree that HIREAHELPER is not responsible for any complaints you may have with other users, Customers, or Helpers. Any services provided by a Helper to any Customer is a contract between that Helper and that Customer (i.e. HIREAHELPER is not a party to any such arrangement). The Service is simply a means of helping one user finding another user. HIREAHELPER is not a staffing agency, representative, provider, or employer to any users. Because HIREAHELPER is not the agent of either Customers or Helpers, HIREAHELPER will not act as an agent to any such Customers or Helpers in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Services. If you have a dispute with one or more users of the Site or Service, you release HIREAHELPER (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." To the extent HIREAHELPER assists in the resolution of any dispute between any Customer and any Helper, such assistance is only a courtesy and, therefore, you acknowledge that HIREAHELPER shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
18. Refund Policy:
CUSTOMER ACKNOWLEDGEMENT: As a Customer, to receive full refund, an order must be canceled or rescheduled at least 24 hours in advance of the job start time. If you cancel less than 24 hours before the job start time, a 1 hour fee based on the service provider's hourly rate will be charged. If you cancel within one hour of your start time, the cancellation charge doubles. To cancel your order, you must call HireAHelper support at (800) 995-5003.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. HIREAHELPER shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond HIREAHELPER's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with HIREAHELPER's prior written consent. HIREAHELPER may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Diego, CA using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall (i) apply the same substantive law a judge in Superior Court in San Diego California would apply; (ii) provide a written opinion stating findings of fact and conclusions of law within fifteen (15) days of a hearing; and (iii) shall award attorneys’ fees and costs to the prevailing party. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, you (and HIREAHELPER) consent to exclusive jurisdiction and venue in the United States Federal Courts located in San Diego, California. You agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind HIREAHELPER in any respect whatsoever.
20. Copyright and Trademark Notices.
Unless otherwise indicated, this Agreement and all content provided by HIREAHELPER are copyright © 2009 HIREAHELPER, LLC. All rights reserved.
"HIREAHELPER" as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by HIREAHELPER, LLC or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
You may contact HIREAHELPER at the following address: PO Box 5829 Oceanside, CA 92052
22. Digital Millennium Copyright Act Notice
HIREAHELPER has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of HIREAHELPER's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is HIREAHELPER's policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If You believe that content residing on or accessible through the HIREAHELPER website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that HIREAHELPER is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is HIREAHELPER's policy:
- to remove or disable access to the infringing content;
- to notify the content provider, member or user that it has removed or disabled access to the content; and
- that repeat offenders will have the infringing content removed from the system and that HIREAHELPER will terminate such content provider's, member's or user's access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which HIREAHELPER is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, HIREAHELPER may 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, in 10 to 14 business days or more after receipt of the counter-notice, at HIREAHELPER's discretion.
Please contact HIREAHELPER's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
PO Box 5829
Oceanside CA 92052
fax - 858-724-1805