Terms of Service
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
use and share information about you when you use the Service. If you do not accept the TOU or the
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.
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.
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
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 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.
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
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.
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: email@example.com (subject line: "DMCA Takedown Request").
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:
- Violate any intellectual property, privacy or other third-party right.
- Use the service in any unlawful or unethical way.
- Hack or attempt to gain unauthorized access to the Service.
- Reverse engineer, decompile, or otherwise try to derive our source code.
- Modify, copy, frame, scrape or create derivative works from HelpOthers.io.
- Use the Service to send junk email, spam or other fake or unsolicited messages.
- Defame, abuse, harass, stalk, threaten or impersonate others or third parties.
- Send inappropriate, profane, obscene, racist, indecent or unlawful content.
- Use the Service to solicit, facilitate or conduct illegal transactions.
- Submit any data or content to the Service that you do not have the right to use.
- Infect the Service with any virus, Trojan, worm, corrupted file, or similar program.
- Damage, disable, overburden or impair HelpOthers.io’s servers or network.
- Operate robots or spiders to scan HelpOthers.io’s databases or web pages.
- Falsify or delete any copyright management information or other proprietary designations.
- Provide support or resources to any terrorist or illegal organization.
- Use the Service if you are located in any restricted country or any restricted parties list.
- Disguise your location through IP proxying or other methods.
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.
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.
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.
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.