Terms and Conditions ("Terms")

Last updated: September 22, 2017

 

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS.

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions,” or “Terms of Use”) carefully before using the www.helpkin.com website and the Helpkin mobile application (together, or individually, the "Service", or: “Services”, “Website,” “Site,” “Platform”) operated by Helpkin Inc. (“Helpkin,” "us", "we", or "our").


Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

The terms apply to all users of the website, including those who are simply navigating the website, or those who register an account.  By using or accessing the website, you agree to be bound by the terms.  If you do not agree to the terms, do not use the website or service.

 

These Terms include the Helpkin Privacy Policy, which is incorporated herein. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service; please close this site and exit the Service immediately.

 

Eligibility 

You are eligible to use the Service if you are the age of 18 or older or if you are between the ages of 13 and 17 and you comply with Section “Teen User”.  You are ineligible to use this Service if your membership/subscription/registration has been suspended by Helpkin or you are under the age of 13. Should we determine that you do not meet the age requirements for using our Service, your registration will be terminated immediately.

 

By becoming a Member/Subscriber/Registered User of the Service, you represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. Your membership/subscription/registration with the Service is for your sole, personal use. You may not authorize others to use your membership/subscription/registration and you may not assign or otherwise transfer your account to any other person or entity.

 

Teen User

As a Teen User, you may register to use the Website only if your parent or legal guardian consents to your registration through the Website.

If you are a parent or legal guardian or a Teen User, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable additional terms in their entirety on behalf of yourself and you Teen User whether or not you use the Website. You further understand and agree that you will ensure your Teen User's compliance with these Terms and that you are responsible for any noncompliance by your Teen User.

 

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Subscriptions and Payments

Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel the Service or Helpkin cancels your subscription. You may cancel your Subscription renewal either through your online account management page or by contacting Helpkin customer support team at help@helpkin.com or contact us.

 

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Helpkin with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Helpkin to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Helpkin will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Facilitation of Payments

All Charges, as applicable, shall be facilitated through Stripe, Helpkin’s third-party payment processing service. In order for you to use Stripe’s payment processing services, you must enter into the Services Agreement (SA) with Stripe and its sponsoring bank. The SA is available at https://stripe.com/us/legal/. By accepting this Agreement, you agree that you have reviewed and agree to be bound by the terms and conditions of the SA. Please note that Helpkin is not a party to the SA and that you, Stripe and Stripe’s sponsoring bank are the three parties to the SA and that Helpkin has no obligations or liability to you under the SA.

 

Free Trial

Helpkin may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Helpkin until the Free Trial has expired. At 11:59 p.m. Pacific Time (UTC/GMT-07:00) on the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Helpkin reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

Helpkin, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

 

Helpkin will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

 

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

Certain refund requests for Subscriptions may be considered by Helpkin on a case-by-case basis and granted in sole discretion of Helpkin.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

 

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish, and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

 

Should you provide Helpkin with information including but not limited to feedback, survey data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and Helpkin assumes no obligation to protect such information from disclosure. The submission of such information to Helpkin shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Helpkin for any purpose whatsoever and by such submission you (i) grant to Helpkin the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by Helpkin will not infringe or violate the rights of any third party.
 

Helpkin has the right but not the obligation to monitor and edit all Content provided by users.

 

In addition, Content found on or through this Service are the property of Helpkin or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. Please see the section entitled Intellectual Property for more information.

 

Helpkin uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

 

Accounts

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Information for Visitors from California

Residents of the State of California may request a list of all third parties to which Helpkin has disclosed certain information during the preceding year for the third parties' direct marketing purposes. If you are a California resident and would like such a list, please contact us. If you are a California resident under the age of 18, and a registered user of any website where this policy is posted, you may request removal of content or information you have publicly posted. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you posted and there may be circumstances in which the law does not require or allow removal, even if required.

 

For all requests, you must put the statement "Your California Privacy Rights" in the subject field of your request and include the name of Helpkin with respect to which you are requesting the information. You must also include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to help@helpkin.com with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

 

 

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

You can contact our Copyright Agent via email at help@helpkin.com.

 

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Helpkin and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as stated herein, none of the contents of the Website, trademarks and trade dress may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written consent of Helpkin.

 

Links To Other Web Sites

Our Service may contain links to third-party or services that are not owned or controlled by Helpkin.web sites

 

Helpkin has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Helpkin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with or services.use of or reliance on any such content, goods or services available on or through any such third party web sites

 

We strongly advise you to read the terms and conditions and privacy policies of any third-partyweb sites or services that you visit.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless Helpkin and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

Limitation Of Liability

HELPKIN DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE SERVICE IN ANY WAY.  IN NO EVENT WILL HELPKIN BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF HELPKIN OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HELPKIN FOR USE OF THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP/SUBSCRIPTION. HELPKIN WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE WEBSITE, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE WEBSITE. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED IN THE SECTION TITLED “INDEMNIFICATION”.

 

Assumption of Risk

You assume all risks when using the Website and Services, including but not limited to all risks associated with interacting with Users of the Website whether it be online or offline.

 

Release

If you have a dispute with one or more of the other users of the Website, you release Helpkin (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any 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 dispute.

 

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Helpkin its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Individuals seeking care services (specifically child care are hereafter know as Care Seekers (each "Care Seekers"). Those individuals who provide care services and post profiles on the Site are hereafter know as Care Providers ("Care Providers"). Please note that is possible for a single user to be both a Care Seeker and a Care Provider.

 

Helpkin is not an employer of any user. Should a care seeker enter into an agreement with a caregiver, Helpkin is not a party to any such agreement. Helpkin strongly recommends that, if any user is introduced to an individual who may be a suitable caregiver, said should take all reasonable and sensible precautions and steps to assess such individuals.  user

 

Helpkin is not responsible for the online or offline conduct of any user of the Service. Helpkin does not assume and expressly disclaims any liability that may result from the use of information provided with the Service. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold Helpkin (or Helpkin’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Helpkin through their employer's benefits program, hereinafter "Affiliates") liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, Helpkin and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

 

It possible that other members/subscribers/registrants or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Website and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the Website. These individuals may use your information for purposes other than what you intended.  Helpkin is not responsible for the use of any personal information that you disclose on the Website. Please carefully select the type of information that you post on the Website or release to others. HELPKIN DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR OTHERWISE.

 

User Responsibilities

Any screening of a Care Seeker or Care Provider and his, her or its information by Helpkin is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as a Care seeker or Care provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.

 

Background Checks

By registering for and using the Website or Service, you hereby acknowledge and agree that Helpkin has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of the Website and its users ("Internal Background Checks"). Helpkin may order these checks when you register with the Website and thereafter in connection with your continued use of our Service and/or interaction with our Website (such as by contacting or communicating with other members, posting, receiving, or updating a babysitting request or profile, etc.).

 

These Internal Background Checks are regulated by the Fair Credit Report Act (“FCRA”), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. Please be advised that Helpkin is not a consumer reporting agency as defined in the FCRA which can be found at www.ftc.gov/os/statutes/fcrajump.shtm, and any information collected or received by Helpkin from its third party service providers have not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA as well as all other applicable consumer reporting laws. The information provided in the Internal Background Checks may not be reviewed or considered as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).

You understand and agree that Helpkin may review the information provided by the third-party consumer reporting agency and that Helpkin retains the right to deactivate your Helpkin registration based on the information it receives from these checks, even if such information was subsequently dismissed. Helpkin reserves the right to deactivate your membership or access to the Website and/or Service on the basis of information in an Internal Background Check, and may notify you and provide you the name and contact information of the consumer reporting agency that created the report. We may also provide you a copy of the report regardless if the consumer reporting agency has already provided you a copy or access to it. All users acknowledge and understand that Helpkin has no control over and does not assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party consumer reporting agency or contained within commercial databases maintained by third party consumer reporting agency or public records maintained and/or transmitted by federal, state or municipal government entities. Public records and commercial data systems may have errors and should not be relied upon as definitively accurate. Before relying on any data supplied, it should be independently verified. Certain criminal record data may include records that have been expunged, sealed, or otherwise inaccessible to the public since the date on which the data or record was last updated or collected.

 

BY AGREEING TO THESE TERMS AND USING OUR WEBSITE, YOU AGREE TO ALLOW HELPKIN TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HELPKIN. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED. You expressly acknowledge that Helpkin has no obligation to perform Background Checks, on any registered users. To the extent Helpkin performs such checks on certain registered users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Website and the Service. Moreover, you hereby represent, understand and expressly agree that those checks are completed by a third-party consumer reporting agency (not Helpkin), that the specific records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed, and that the checks are not always accurate or a complete compilation of a person's criminal history.

If you decide to access, use, or share information provided by an Internal Background Check, you agree to do so in accordance with applicable law. Additionally, if such verification is included, promoted, or otherwise displayed on any user profile or in any such manner on the Website or Service, you hereby acknowledge that any such claim is not warranted by Helpkin and is solely the result of information provided by a third-party source.

 

YOU ALSO AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS HELPKIN FROM ANY LOSS, LIABILITY, INJURY, DEATH, DAMAGE, OR COSTS THAT MAY RESULT FROM YOUR USE OF, RELIANCE ON, OR SHARING OF THE INFORMATION CONTAINED IN AN INTERNAL BACKGROUND CHECK OR ANY USE OF, RELIANCE ON, OR SHARING OF ANY SUCH INDICATION OR VERIFICATION FOR ANY USER ON THE WEBSITE OR SERVICE, REGARDLESS OF THE CAUSE, INCLUDING, WITHOUT LIMITATION, DUE TO THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Resolution of Disputes 

Mandatory Arbitration and Class Action Waiver

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Helpkin or the use of the Service. Please read this section carefully. Our Customer Service Department, which you can reach help@helpkin.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.at

 

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

 

Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

 

Helpkin

ATTN: Notice of Dispute

929 Colorado Ave. 

Santa Monica, CA 90401

 

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us.  Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

 

You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms of Use (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

 

Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

 

The American Arbitration Association (“AAA”) will conduct for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.  

 

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. 

Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 

Costs

The parties shall split the cost of any standard filing fee you may have been required by the AAA. However, if Helpkin is the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

 

Small Claims Option

You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here.  

 

Choice of Law and Forum Selection

You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Any and all rights not expressly granted herein are reserved by Helpkin.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us