Terms of Service

These Terms of Use (“ TOU ”) are between you (“ you ” or “ your ”) and HelpOthers.io (“ HelpOthers.io,” “ us,” “ our ” or “we ”) and govern your use of the HelpOthers.io website, bot, and other services, which offer a digital gift card marketplace where consumers can pre-pay for goods and services from their favorite local businesses by purchasing a digital gift card (“ Service ”). These TOU apply to all visitors to and users of the Service, including businesses. By registering for or using our Service, you agree to the TOU, so please read them carefully. Please also carefully review our Privacy Policy. It explains how we collect, use and share information about you when you use the Service. If you do not accept the TOU or the Privacy Policy, then you may not use the Service.

About HelpOthers.io

HelpOthers.io is a digital gift card marketplace that helps connect consumers to their favorite small businesses, letting the consumers pre-pay for goods and services to help businesses stay financially sound until they can re-open. For the foreseeable future, social distancing is the new normal. People around the world are doing their best to keep their neighbors safe from COVID-19 by staying at home. But small businesses that rely on foot traffic are struggling to pay their bills and their employees. That’s where Helpothers.io can make a difference.

Businesses that join the HelpOthers.io marketplace can create listings to allow customers to find them and make secure payments now in exchange for goods and services when they re-open. Consumers who support these businesses will receive digital cards that document their payment and can be redeemed when social distancing measures are relaxed.

Registration

You may need to register on HelpOthers.io in order to access and use the Service. If you choose to register or use the Service, you agree to provide us with true and accurate information. Registration and other data you provide to us is governed by our Privacy Policy. By registering with HelpOthers.io, you are agreeing, to the extent permitted under applicable law, that we can contact you, on behalf of ourselves and our affiliates and other brands, including Maven, by email or SMS from time to time with information regarding our services and offerings. Businesses also agree that by registering with HelpOthers.io, we may include your business in other LivePerson networks, offerings, or services, such as Maven, to connect you with consumers to generate leads, improve consumers’ experiences, and facilitate transactions with consumers. You are responsible for maintaining the confidentiality of your account and the activities that occur under your account. You must promptly notify us of any unauthorized use of your account or other security issue by contacting us at info@helpothers.io.

Gift Cards

You are responsible for providing accurate information so that we can deliver gift cards to you digitally upon purchase. You will be responsible for the gift card and its safekeeping upon your purchase and our electronic transmission of the gift card to you or the person you bought it for.

YOU UNDERSTAND THAT GIFT CARDS MAY BE REDEEMED ONLY ONCE and that if you do not redeem the full value of the gift card in one transaction, the business is responsible for providing any unused remaining value, which may be provided in the form of a separate gift card. Further, you understand that gift cards can be redeemed only with the merchant to you the gift card was purchased. To the extent permitted under applicable law, ALL GIFT CARD VALUE EXPIRES WITHIN TWO (2) YEARS, and you understand that you may not use the value of any gift card beyond two years from the purchase date.

Businesses are responsible for fulfilling gift cards when they are presented for redemption, for sharing information about gift cards, and for complying with all applicable laws, rules, and regulations. If you need infor mation about a gift card you have purchased, please contact the business that the gift card relates to. We cannot guarantee that a business will remain available to fulfill a gift card, nor can we personally endorse any business or guarantee that the information they provide is accurate. You must make the final determination as to the value and appropriateness of purchasing any gift card and understand and agree that we are not responsible for any occurrence following the issuance of a gift card if you choose to purchase a gift card using the Service.

HelpOthers.io Platform

HelpOthers.io is an administrative platform only; we are not a broker, financial institution, creditor or charitable institution. We facilitate transactions between consumers and businesses via the Service, but are not a party to these transactions. We don’t control individual users or businesses or the information that they provide and are not responsible for them. Users and businesses may interact with HelpOthers.io through the website or through a messaging bot provided by us.

Third-Party Services

You may need to register with one or more third-party providers, such as third-party payment processors, in order to use the Service. By using third-party services via HelpOthers.io, you authorize us to share your information with the relevant third party as described in our Privacy Policy in order to provide the Service to you. While we may facilitate your registration with these third-party providers, we are not a party to your relationship with them and are not responsible for their service or performance. We do not control how a third party may use your data. Use of your data by the third party is governed by its terms and policies.

Credit Card Payments

Any donation, purchase or other transaction that you make through HelpOthers.io with your credit or debit card is final and not disputable.

Our Technology

License. We give you a personal, worldwide, non-assignable and non-exclusive license to access and use the Service solely for your personal enjoyment, as permitted by the TOU. We retain all rights not specifically given to you. Your license does not give you the right to copy, modify, create derivative works from, sell, distribute, transfer or license any part of the Service or included content, and you may not reverse engineer, alter or modify, or attempt to extract source code from, any part of the Service, or access the Service or any content to build a similar or competing service. You may terminate this license at any time and for any reason by deleting your profile and discontinuing your use of the Service. We may provide you access to the LiveEngage platform in connection with the HelpOthers.io Service, and such access will be governed by the LivePerson End User License Agreement at https://www.liveperson.com/policies/license-agreement/.

Ownership. We exclusively own all intellectual property rights in and to the technology and software underlying HelpOthers.io and the Service , including any copyrights, trademarks, service marks, trade secrets and patents and any content or data transferred or received through the Service (other than third-party payment services, which are owed by the relevant third-party provider). Other company, product, and service names and logos used and displayed on HelpOthers.io may be trademarks or service marks of their respective owners.

DMCA. We 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: info@helpothers.io (subject line: "DMCA Takedown Request").

Acceptable Use

By using the Service, you certify that you are over the age of 18, you are authorized to enter into these TOU on your own behalf and/or on behalf of the business that you represent; and that you will comply with all applicable laws. If either of these statements are not true, you must stop using HelpOthers.io immediately. You also must follow our acceptable use policies below. We can suspend or terminate your access to the Service at any time without notice if you do not comply with the TOU and we reserve the right to delete your information or deactivate your account.

You agree you will not:

User and Business Content

By submitting your data and information to HelpOthers.io, you grant us a worldwide, royalty-free, non-exclusive, transferable and sublicensable license to use, host, copy, store, modify, publish, create derivative works from, and distribute the content (or any part) and to incorporate it in other works in order for us to provide the Service, to improve HelpOthers.io, or to develop new services. If you provide data or information to us related to another person, you represent to us that you have permission from that person to use their data and to share it with us. Make sure you have all necessary rights to submit content to HelpOthers.io and grant us this license.

All content is the sole responsibility of the person who makes it available. We may monitor and review user and business content sent through the Service to ensure it meets our policies and is not illegal, and edit and/or remove content if we feel it is necessary or advisable, for example, if it violates our policies or the law. While we have this option to monitor, review, remove and edit user and business content, please don’t assume that we do so. We are not responsible for pre-screening content and can’t guarantee that content will be accurate, reliable or complete. You may encounter content through HelpOthers.io that you find offensive or objectionable. We are not responsible for any user or business content. HelpOthers.io may provide or facilitate your access to third-party links, websites or services. We have no control over and are not responsible for these sites and services, including any damage or loss you may suffer in connection with use of or reliance on them.

International Use

The Service may not be used in any country where such use would violate local law. You represent and warrant that you will not make financial transactions through HelpOthers.io if you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use HelpOthers.io, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed and stored outside of your country of origin.

Liability and Disclaimers

WE PROVIDE HELPOTHERS.IO AND THE SERVICE "AS IS" AND USE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND CONDITIONS ABOUT THE SITE AND THE SERVICE, INCLUDING EXPRESS, IMPLIED OR STATUTORY, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY OR ACCURACY. WE MAKE NO GUARANTEE THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE OR ERROR-FREE, OR REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE.

To the extent permitted by law, you will defend, indemnify, and hold harmless us, our affiliates and our employees, contractors, directors, suppliers and representatives from any and all liabilities, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use of the HelpOthers.io, the Service, violation of the TOU, or infringement of any third party intellectual property or other right, including, but not limited to, any transaction, any content uploaded by any user or business, or any gift card. You also agree not to hold us liable for any losses or damages that you may experience as a result of your use of the Service or any information or other service provided via HelpOthers.io.

TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUE OR DATA, OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS APPLIES TO ALL CLAIMS OR ACTIONS AND IS REGARDLESS OF THE CAUSE OF ACTION. AS PERMITTED BY LAW, OUR TOTAL LIABILITY FOR DIRECT DAMAGES UNDER THE TOU IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICE. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN WE HAVE REACHED AND THAT THEY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disputes

Any dispute or claim relating in any way to your use of HelpOthers.io, or to any gift cards purchased through HelpOthers.io, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at LivePerson, Inc, Attn: Legal Department, 475 Tenth Ave., 5 th floor, New York, NY 10018. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Miscellaneous

You can review the most current TOU by clicking on the "Terms of Use" link on the HelpOthers.io website. We reserve the right to update, change or discontinue the TOU or the Service at any time without notice. Changes to the TOU will be effective immediately upon posting on our website and you agree to the changes by continuing to use the Service. If you are located in the United States, your use of the Service is governed by Delaware laws and you consent to exclusive venue and personal jurisdiction in Delaware. If you are located outside of the United States, your use of the Services is governed by the laws of England and you consent to exclusive venue and personal jurisdiction in England. We may assign our rights and obligations under the TOU to any of our affiliates or in connection with a merger, acquisition or asset sale. The brands that you buy gift cards from via the Service are intended third-party beneficiaries that can enforce the TOU. Failure to enforce any portion of the TOU will not be considered a waiver. If any provision of the TOU is deemed unlawful, void or unenforceable, then that provision is hereby removed from the TOU and does not affect validity and enforceability of the remaining provisions. In some jurisdictions you may have legal rights as a consumer. Our TOU are not intended to limit consumer legal rights that may not be waived by contract. We always appreciate your feedback or other suggestions about the Service, but you understand that we may use this content without compensation or obligation to you to improve our products and services.