This Agreement governs your use of help.com services ("Services"). By using the Services, you are agreeing to be bound by these terms of service ("help.com Terms of Service").
In order to utilise the Service you MUST agree to the applicable Terms of Service, which agreement is achieved by creating and using a help.com user account.
help.com reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.
We will use our best endeavours to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We cannot accept liability for any cases of its unavailability. In cases where Service is unavailable for more than five (5) days in any one calendar month, any subscription fees applicable will be waived for that particular month. Any loss of revenues during down times is neither covered nor recoverable.
Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid account.
Automated solutions, including tools, software applications and online systems used to access help.com user accounts can only be used with permission. Please contact us to obtain permission.
We reserve the right to: (i) refuse the provision of services to any user; (ii) cancel user accounts; (iii) cancel, change, suspend and modify services offered to users at any time without notice or liability; or (iv) block any domain or traffic with the potential of causing disruption to the help.com service.
Responsibilities. You represent and warrant that: (i) you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website or Services; (ii) your actions and the Content comply with the terms of service of any third-party websites or services with which you interact; (iii) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (iv) you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Website or Services.
Prohibited Activities. help.com users shall not: (i) register any domain name with the "help.com" words contained therein without authorisation; (ii) reverse engineer any aspect of the Website or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Website or Services; (iii) bypass robot exclusion headers (including using any device, software, or routine to accomplish that goal), or interfere or attempt to interfere with the proper working of the Service; (iv) use the Service for any unlawful purpose; or (v) engage in any other fraudulent means.
Users who are in violation of any Responsibilities or Prohibited Activity are subject to actions that can be taken by help.com at any time without notice or liability, including account suspension or cancellation.
If you believe that material located on or linked to by help.com violates your intellectual property or the intellectual property of others, you are encouraged to notify help.com. We will respond to such notices and will remove infringing material and disable links to any infringing material as required or as we find appropriate.
help.com reserves the right to display attribution links and credits in and on your page. Certain credits, as determined by help.com at its sole discretion, may not be removed.
This Agreement does not transfer from help.com to you any help.com intellectual property, and all right, title and interest in and to such property will remain solely with help.com. help.com, the help.com logo, and all other trademarks, service marks, graphics, slogans and logos used to identify help.com, the Website or Services are trademarks or registered trademarks of help.com or related entities. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any help.com or third party trademarks.
Notices shall be in the form of an email or system message alerts. By opening a help.com account you agree to receive emails from help.com and related entities. You have the ability to unsubscribe at any time.
help.com may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, in its sole discretion. You have the right to stop using the Website or Services at any time. Upon termination of access: (i) all rights granted to you under this Agreement will terminate immediately; and (ii) you must cease all use of the Website and Services. We are not responsible for any loss, harm or other liability related to your inability to access or use the Website or Services.
The help.com Service relies on data sourced from a number of providers, including third party providers. We endeavour to provide accurate, up-to-date content and apply quality filters as and when applicable. We cannot accept liability for any cases of data skews and/or quality levels. We also warrant that help.com will not violate any third party contractual obligations in relation to third party providers.
Except as expressly set forth in this Agreement, neither party makes and each party expressly disclaims any warranties as to the subject matter of this Agreement, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Service is provided "as is." help.com makes no representations or warranties regarding the number, quality, or content of any Services or the timing of delivery of such Services.
Under no circumstances shall either party be liable to the other party for indirect, incidental, consequential, special or exemplary damages arising from this Agreement, including loss of revenue or business. If for any reason we are held liable, our liability is limited to US$100.00. The limitations set forth herein will not limit or exclude liability for gross negligence, fraud, or intentional misconduct.
help.com customers release and forever discharge help.com and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with help.com services.
Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.
This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. help.com will comply with all applicable laws under this jurisdiction.
If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.
The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgement, confirmation or any other document issued by either party.