Last Updated on March 02, 2017
Effective as of March 02, 2017
HelpfulVillage is an online platform created by Revolutionaging Inc. for senior citizens that enables social engagement and autonomy for seniors who choose to stay in their own homes as they age. The platform serves as an extension of the philosophy of the village movement, symbiotically connecting two groups – older seniors that need help to live a safe and happy life in their home and young retirees that have recently retired and are looking for ways to assist their new community of seniors.
YOUR CONSENT TO THIS AGREEMENT
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
You must be at least 18 years of age to access and use the Service. By accessing and using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions. You also represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you use the Service.
CREATING AN ACCOUNT
To create an account, you must sign in using your own personal email. By using such email, you verify that it is indeed your email and you authorize Company to contact you using the email.
TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service and/or have an account. You may disable your account by following the instructions in “Settings” in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. All terms of this Agreement survive any such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
NON-COMMERCIAL USE BY USERS
The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, including but not limited to (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) for networking or soliciting others to attend parties or other social functions for commercial purposes. You may not use any information obtained from the Service to contact, advertise to, solicit, or sell to other users without their prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service. Such uses include, but are not limited to collecting usernames and/or email addresses of users to send unsolicited email and unauthorized linking to the Service.
You are responsible for maintaining the confidentiality of your username and password, and solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you will log out from your account at the end of each session when accessing your account from a public or non-personal computer.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service. This includes, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in your interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow the Company's Safety Tips, located in the Service, prior to using the Service. You should not provide your financial information to other users.
CONTENT YOU POST
You agree that any Content you place on the Service may be viewed by other users and any other person visiting or participating in the Service. You represent and warrant that (i) all information that you submit upon creation of your account is accurate and truthful and that you will promptly update any information that subsequently becomes inaccurate, incomplete, misleading or false, and (ii) you have the right to post the Content on the Service and grant the licenses set forth below. By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the Content in any existing or future media. You represent and warrant that any use of your Content by the Company will not infringe or violate the rights of any third party. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (“post”) on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text (collectively, “Content”). You understand and agree that the Company may review any Content you post, and may delete any Content, in whole or in part, that the Company believes violates this Agreement or may harm the reputation of the Service or the Company. The Company reserves the right to investigate and take any legal action against anyone who violates this Agreement, including removing the offending communication from the Service and terminating or suspending the account of such violators. You may not post as part of the Service, or transmit to the Company or any other user either on or off the Service, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights. The following is a partial list of prohibited Content. You may not post, upload, display, or otherwise make available Content that:
promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
advocates harassment or intimidation of another person;
requests money from, or is intended to defraud, other users of the Service;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming”, “spimming”, “phishing”, “trolling” or similar activities;
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or otherwise objectionable;
promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission or, in the case of a minor, the permission of the minor’s legal guardian;
contains restricted or password-only access pages, or hidden pages or images (i.e. those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities, such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating, or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; impersonates, or otherwise misrepresents an affiliation, connection or association with any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships, including inside information, and proprietary and confidential information;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real-time exchanges;
solicits passwords or personal identifying information from other users for commercial or unlawful purposes, or disseminates another person’s personal information without his or her permission; and
publicizes or promotes commercial activities (e.g. contests, sweepstakes, barter, advertising, and pyramid schemes) and/or sales without our prior written consent.
We encourage users to report any transgressions of these policies by other users by contacting Company at email@example.com.
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or engaged in inappropriate or unlawful behavior, including actions or communications with another user that occur off the Service. The following is a partial list of prohibited actions. You will not:
impersonate any person or entity;
solicit money from any users;
post any Content prohibited by the previous section;
“stalk” or otherwise harass any person;
express or imply that any statement(s) you make are endorsed by the Company without our specific prior written consent;
use the Service in an illegal manner or to commit an illegal act;
access the Service in a jurisdiction in which it is illegal or unauthorized;
ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
interfere with or disrupt the Service, or the servers or networks connected to the Service;
transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, or hardware or telecommunications equipment;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service through use of third-party software;
“frame” or “mirror” any part of the Service, without the Company’s prior written authorization;
use meta tags, code, or other devices containing any reference to the Company or the Service, or any trademark, trade name, service mark, logo or slogan of the Company to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service software used on or for the Service, or cause others to do so;
post, use, transmit or distribute, directly or indirectly (e.g. screen scrape), any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
Your use of the Service and Content you post through the Service must comply with all applicable laws and regulations.
DISCLOSURE BY LAW
You agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately.
MODIFICATIONS TO SERVICE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time to block users with certain IP addresses from accessing the Service.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other related intellectual property rights. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights.
MAKING COPYRIGHT INFRINGEMENT CLAIMS
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity
a description of where the allegedly infringing material is located on the Service that is reasonably sufficient to enable the Company to find the alleged infringing material (e.g. a url);
your address, telephone number and email address;
a written 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; and
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.
Claims of copyright infringement should be sent to firstname.lastname@example.org. The Company will terminate the accounts of repeat infringers.
DISCLAIMERS AND LIMITATION OF LIABILITY
You acknowledge and agree that the Company, its affiliates, and third-party partners are not liable, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any inaccurate Content in the Service, whether posted by users, or caused by any of the equipment or programming associated with the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user communications; or (v) any problems, failure, or technical malfunction of any telephone network, computer online systems, servers or providers, computer equipment, software, email or players on the Internet or at any website, including injury or damage to users or to any other person’s computer or device related to participating in the Service or downloading materials in connection with the Internet or Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
The Company may make third-party opinions, advice, statements, offers, or other third-party information or content available through the Service. All third-party content is the responsibility of the respective authors and should not necessarily be relied upon. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information provided within the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Credit card payment processing services for the Company are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By using the Service, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to using credit card payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business, and you authorize the Company to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any service fee. We are not responsible for the performance of any third party credit card processing or third party payment services. You expressly understand and agree that the Company shall not be liable for any payments and monetary transactions that occur through Your use of the Service. Other third party processing fees, the use of credit card payment processing services will result in a Company imposed processing fee of 0.8% to each transaction, which will be deducted from the amount of your transfer.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not liable for any content, information, statements, advertising, goods or services, or other materials on or available from third-party websites or resources. Your correspondence or business dealings with third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any third-party websites or resources.
ARBITRATION AND GOVERNING LAW
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and the Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree (a) that any arbitration will occur in San Francisco County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND THE COMPANY WILL NOT COMMENCE A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST EACH OTHER.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Company’s Service, and the violation of any law or the rights of a third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection with such matters.
The Company may provide you with notices, including those regarding changes to this Agreement, using reasonable means, including by email, regular mail, SMS, MMS, text message, or postings in the Service. You may not receive such notices if you access the Service in an unauthorized manner.
You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement, and you may not make any representations on behalf of or bind the Company in any manner.