Help FirstSM Program Terms of Service
Help FirstSM Program Terms of Service
Below are our detailed Terms of Service (“Terms” or “Agreement”) that You (as hereinafter defined) must read and accept before using the Help First mobile application (“Application”) or any of Help First’s services (the “Services”) (together, the Application and Services are the “Help First Program”). If You decide to download the Application or continue using the Help First Program, You are bound by these Terms.
By accessing the Website or by using the Help First Program, You agree to the following Terms. The Agreement defines Your rights and responsibilities as a user ("User" or “You” or “Your”) of the Help First Program, which is operated by Help First, A Benefit Corporation The Help First Program is operated in the United States of America and access to the Websites and Application is governed by this Agreement under the laws of the State of Louisiana and the United States. Registration as a User on the Website or Application results in Your information being stored and processed in the United States, and You specifically consent to Help First’s storage and processing of the personal data You submit. You may access Your information at any time to confirm its correctness and to keep it current in connection with Your registration or subscription.
In order to access certain features of the Help First Program, You have to create an account with us (“Account”). Even if You do not register with Your name, email address, telephone number, etc. (or Facebook credentials), You must still create an Account in order to customize Your Application experience and show You more relevant information. To create an Account, You must be a legal resident of the 50 United States (or the District of Columbia) who is at least 13 years of age and older at the time of registration, to participate in the Help First Program. If You are Younger than 18 years of age, then You shall ensure You have Your parents’ consent. The parent or guardian of a minors who use the Help First Program shall be held responsible for the minor’s actions to the fullest extent possible under the law.
- Your Use of the Help First Program
The Help First Program contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the Application and/or Website are owned by or licensed to Help First. All Content is owned, licensed to and/or copyrighted by Help First and may be used only in accordance with this Agreement. In addition, the Help First Application may include descriptions and potential availability of products and services for purchase from third parties. Help First cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to You AS IS for Your information and use only as permitted through the functionality of the Help First Program. We attempt to ensure that all Content is complete and accurate but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.
Subject to Your compliance with these Terms, we grant You a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one (1) copy of the Application to Your supported device, and access and use the Website and/or Services, solely for Your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Website, Application or the Services available to multiple Users through any means; (v) use multiple accounts per individual User per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Help First Program, except as expressly permitted in the Terms. No other licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Help First or its licensors.
If You accessed or downloaded the Application from any app store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then You acknowledge and agree that:
- These Terms are concluded between You and Help First, and not with App Provider, and that, as between Help First and the App Provider, we are solely responsible for the Application.
- App Provider has no obligation to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, You may notify App Provider and App Provider will refund the purchase price for the Application to You (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Application.
- App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Application or Your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to Your license of the Application, and that, upon Your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the Application against You as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the Application.
By using the Services, You agree to comply with the following:
(i) You will not use the Help First Program to collect or store personal data about other users without their express permission;
(ii) You will not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Help First Program, or interfere with the access of any user to the Help First Program;
(iii) You will not circumvent, disable or otherwise interfere with security related features of the Help First Program or features that prevent or restrict use or copying of any Content;
(iv) You will not use any meta tags or other hidden text or metadata utilizing a Help First name, trademark, URL or product name;
(v) You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Help First Program;
(vi) You will not attempt to or actually access the Services by any means other than through the Application or other Help First-provided platforms;
(vii) You will not attempt to probe, scan or test the vulnerability of any Help First system or network or breach or impair or circumvent any security or authentication measures protecting the Help First Program or the Application;
(viii) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application used to provide the Help First Program;
In addition, You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Application You represent and warrant that: (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You may terminate Your Account at any time and for any reason by deleting Your account via the Application or by sending Help First an email notice with the subject line “please cancel my Help First membership to admin@HelpFirst.com and requesting to be removed from the Help First Program. By canceling Your Help First membership, Your Account will be terminated and may no longer be accessible.
- Communications between Help First and You
Some Messages You may receive are via Your telephone. For example, You may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to You outside or inside the Application. We may also offer You the opportunity to invite Your friends or contacts to download the Help First Application and enjoy the Services. You may invite one or more of Your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on Your phone’s functionality, we may suggest content for the message and You can edit that suggested content. If You choose to send invitations You represent to Help First that the recipients of such invitations have consented to receive such messages from You, and that those recipients do not consider such messages unwanted or unsolicited, and that You made the active choice to send these invitations.
- Modifications to this Agreement
We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the Help First Program, or modify the Terms at any time. For example, we reserve the right to charge a fee for using the Services. Changes will be posted on the Website, Application, via a Message, and/or by changing the date of last revision on this Agreement. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all Users regardless of whether You created an Account or not. If any portion of this Agreement or any change to the Terms, Website, Application or Help First Program is unacceptable to You or will cause You to no longer be in compliance with the Agreement, You must cease using the Services and, if applicable terminate Your account.
- Liability Disclaimer, Limitation of Liability and Indemnity
WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY AND/OR ACCURACY OF THE CONTENT, APPLICATION, WEBSITE OR SERVICES, OR DEDUCTIBILITY OF ANY FUNDS PROCESSED, DONATED OR SPENT THROUGH OR USING THE HELP FIRST PROGRAM UNDER THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ANY FUTURE TAX CODE OR AMENDMENTS, AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE OFFER THE CONTENT, APPLICATION, WEBSITE, SERVICES AND HELP FIRST PROGRAM ON AN "AS IS” BASIS AND DO NOT ACCEPT RESPONSIBILITY FOR ANY USE OF OR RELIANCE THEREON, OR FOR ANY DISRUPTIONS TO OR DELAY IN YOUR USE OF EACH. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPREHENSIVENESS, COMPLETENESS, QUALITY, TIMELINESS, ERROR-FREE NATURE, COMPATIBILITY, SECURITY OR FITNESS FOR PURPOSE OF THE CONTENT, APPLICATION, WEBSITE, SERVICES OR HELP FIRST PROGRAM. HELP FIRST DOES NOT GUARANTEE THE ADEQUACY OF THE CONTENT, APPLICATION, WEBSITE, SERVICES AND HELP FIRST PROGRAM OR COMPATIBILITY THEREOF TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, OR ENVIRONMENT AND DOES NOT WARRANT THAT THE CONTENT, APPLICATION, WEBSITE, SERVICES AND HELP FIRST PROGRAM, THEIR SERVERS, OR ANY MESSAGES WHICH MAY BE SENT FROM HELP FIRST ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE LIMIT OUR LIABILITY. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT WE CAUSE UNINTENTIONALLY AND WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, PROVIDED THAT NOTHING IN THIS AGREEMENT WILL BE INTERPRETED SO AS TO LIMIT OR EXCLUDE ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY LAW. FOR EXAMPLE, WE SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE (WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE, KNOWN OR OTHERWISE): (I) LOSS OF REVENUE; (II) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (III) LOSS OF THE USE OF MONEY; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OR CORRUPTION OF, OR DAMAGE TO, DATA, SYSTEMS OR PROGRAMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS AS BROAD AS THOSE STATED ABOVE OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CONTENT, APPLICATION, WEBSITE, SERVICES AND ANY HELP FIRST PROGRAM, OR WITH ANY CLAUSE OF THESE TERMS, AS YOUR SOLE AND EXCLUSIVE REMEDY YOU MAY DISCONTINUE USING THE HELP FIRST PROGRAM. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR ACCOUNT, YOU MAY BE LIABLE TO OTHERS AS WELL AS TO US IF YOUR ACCOUNT IS USED IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IN NO EVENT WILL HELP FIRST’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE HELP FIRST PROGRAM OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO HELP FIRST FOR USE OF THE SERVICES OR CONTENT OR TWENTY DOLLARS ($20 USD), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HELP FIRST, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HELP FIRST AND YOU.
You agree to defend, indemnify and hold harmless Help First, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Content, Application, Website, Services and Help First Program; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third-party right, including without limitation any copyright, property, privacy or confidentiality right; or (iv) any claim that Your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the Content, Application, Website and Services.
The Help First Application includes descriptions and potential availability of products available for purchase from third parties. Help First cannot control these third parties and therefore quantity, selection, and price may vary by store location and online. Help First may, from time to time, provide opportunities to Users to use or purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those applicable to the Help First Program and it is Your responsibility to ensure that You have read and understood them. HELP FIRST MAKES NO WARRANTY CONCERNING, IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY THIRD PARTY PROVIDED GOODS OR SERVICES, and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Help First.
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to You and, as a result, You may not, without the written consent of Help First, assign or transfer any of Your rights and obligations under this Agreement. Except as otherwise provided, there shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by You of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between You and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Help First.
- Contact Us
If You have any questions or comments, would like to discuss Your subscription or if You have any questions about these Terms with please contact Help First at: admin@HelpFirst.com