a). The Hired Help Platform is Solely a Venue for Communications. The Hired Help Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include the delivery and/or assembly of furniture and/or other items (“Merchandise”), but shall not be deemed to include the Merchandise itself. Hired Help does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Hired Help Platform. Hired Help, THROUGH THE HIRED HELP PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HIRED HELPMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. Hired Help IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
b). Background Checks. Hired Help checks the backgrounds of Professionals via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE Hired Help Platform, THE REQUESTER AGREES TO HOLD Hired Help FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. Hired Help IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Hired Help Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Hired Help may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Hired Help has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org. Nothing in this section shall affect Hired Help's rights to limit or terminate the use of the Hired Help Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By providing your phone number and using the Hired Help Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Hired Help Platform.
You agree to Hired Help’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by Hired Help. During this process, Hired Help and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Hired Help’s use and disclosure of this call data for its legitimate business purposes.
e. Emails. Hired Help may send you confirmation and other transactional emails regarding the Professional Services. Hired Help may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; Money Back Guarantee; Claims.
a. Payments. Users of the Hired Help Platform contract for Professional Services directly with other Users. Hired Help is not a party to any contracts for Professional Services. The Hired Help Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services and/or Merchandise they order through the Hired Help Platform. We will charge the Requester's credit card according to the amount the Requester has agreed to on the Hired Help Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's Hired Help Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Hired Help (or a third-party payment processor on Hired Help’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Hired Help. Depending on the transaction you selected or services requested, Hired Help may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Hired Help at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Hired Help. Requesters must notify Hired Help either by changing the date or hours of the requested Professional Service through the Hired Help Platform or by visiting the Hired Help Help Center at email@example.com.
All Payments by Requesters must be made through the Hired Help Platform. Any Payments paid outside of the Hired Help Platform are not subject to our Money-Back Guarantee in Section 3(d). Except for the Money-Back Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Hired Help's income).
b. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, Hired Help will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. Hired Help cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an e-mail acknowledgment which includes information on how to cancel
d. Money-Back Guarantee. If the Requester ordered and paid for a Professional Service through the Hired Help Platform and the Professional Service has already been performed, and if the Requester is not satisfied with that Professional Service, then the Requester is eligible for our Money-Back Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our customer service by visiting the Hired Help Help Center at firstname.lastname@example.org. The Money-Back Guarantee is as follows: we will either credit the Requester’s account with credits in the amount that the Requester paid for the service, or, at the Requester’s request, we will refund the Requester's credit card for the Payment amount for such Professional Service, or, alternatively, we will have the applicable Professional Service re-performed. If the Requester elects to have the Professional Service re-performed and the Requester is still not satisfied with the Professional Service after it has been re-performed, we will refund the Requester's Payment amount for such Professional Service, either by adding credits to the Requester’s Hired Help account or, at the Requester’s request, by refunding the amount to the credit card on file. The amount of Hired Help's Money-Back Guarantee is limited to any Payment the Requestor made for the Professional Service. Hired Help's Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. For clarity, Hired Help’s Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Professional Services to deliver and/or assemble the Merchandise, as applicable.
e. Hired Help Delivery Refund Policy.
i. If you decide that you do not want the Merchandise before it has been unpacked or opened, or if the Merchandise you ordered does not fit into your home or your building refuses entry, Hired Help will return the Merchandise and refund you the cost of the Merchandise (provided, however, that Hired Help shall not refund the cost of the Professional Services).
ii. If any Merchandise is broken in the course of performing the Professional Services, Hired Help will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Hired Help shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).
iii. If you wish to return any Merchandise once it has been unpacked or opened, Hired Help will remove and return the Merchandise for a fee of One Hundred Dollars ($100.00) per item. If Hired Help is able to obtain a refund from the third party Merchandise provider using commercially reasonable efforts, Hired Help will credit you the amount of such refund. Hired Help shall not be responsible for any payment to you if it is unable to obtain a refund for the Merchandise using commercially reasonable efforts.
f. Hired Help Trust and Support Fee Hired Help may assess an additional "Trust and Support Fee" to support the Hired Help Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the Hired Help Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Hired Help Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by Hired Help in its entirety.
4. Term and Termination; Cancellation of Professional Services; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by Hired Help. We may terminate this Agreement or terminate or suspend your right to use the Hired Help Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Hired Help Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Hired Help Platform due to any Prohibited Conduct, we will refund in full any payments for Hired Help services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Hired Help may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Hired Help Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Hired Help Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Hired Help.
d. Termination by You of a Cleaning Plan with a Minimum Commitment. If You have selected a cleaning plan with a minimum commitment, You will be subject to and charged a $150 cancellation fee should You elect to terminate the cleaning plan prior to the expiration of the minimum commitment period.
e. Policy for Service Cancellation by Requester. Hired Help's cancellation policy (found at email@example.com) for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the Hired Help Platform at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee. If the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the Hired Help Help Center at firstname.lastname@example.org or by mailing a notice of cancellation to Hired Help Technologies, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
f. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, the Hired Help Platform generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, Hired Help cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
g. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-23, shall so survive.
6. Submission Areas. The Hired Help Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Hired Help (collectively, "Submission Areas"). Some areas in the Submission Areas within the Hired Help Platform will be public and Hired Help will not be responsible for any information or materials posted in such public areas. Hired Help may, in its discretion, publicly post submissions you submit to a non-public area of the Hired Help Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Hired Help Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Hired Help Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Hired Help Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Hired Help Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
7. Rules for Use of the Hired Help Platform. During the term of this Agreement, Requesters may use the Hired Help Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the Hired Help Platform to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Hired Help Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving the Hired Help Platform. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the Hired Help Platform (including but not limited to any Submission Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e. Use the Hired Help Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Hired Help Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Hired Help Platform without express written permission from us.
h. Use the Hired Help Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Hired Help Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the Hired Help Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Hired Help Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Hired Help Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the Hired Help Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the Hired Help Platform or any content or material contained on the Hired Help Platform without Hired Help's written permission.
u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
v. Alter transmission data without Hired Help's consent
8. No Employment. Hired Help provides a software platform which allows you to connect with independent Professionals. Hired Help is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Hired Help for any purpose whatsoever.
9. Special Promotions; Gift Cards and Vouchers.
a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
b. Promotional Credit
i. Promotional credit is only eligible for the specific services designated by Hired Help. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Hired Help reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or cancelled promotional credit.
ii. Hired Help promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Hired Help Platform. Promotional credits may not be purchased for cash and Hired Help does not sell Promotional credit. Promotional credit is nonrefundable.
iii. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
iv. Your Hired Help account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your Hired Help account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
v. Promotional Credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
c. Referral Credits. In the event that you are given a code through which you may refer a friend to the Hired Help Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Hired Help referral credits are redeemable only for Professional Service. Hired Help referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at email@example.com.
i. Hired Help vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.
ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards
e. Gift Cards
i. Hired Help Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.
viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.
xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
10. Intellectual Property Rights. The Hired Help Platform, and the information, data, content and materials, which it contains ("Hired Help Materials"), are the property of Hired Help and/or its affiliates and licensors, excluding User-generated content, which Hired Help has a right to use as described below. The Hired Help Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Hired Help and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Hired Help Materials. Any use of Hired Help Materials, other than as expressly permitted herein, is prohibited without the prior permission of Hired Help and/or the relevant right holder. The service marks and trademarks of Hired Help, including without limitation Hired Helpbook.com, Hired Help.com and the Hired Help logo are service marks owned by Hired Help. Any other trademarks, service marks, logos and/or trade names appearing on the Hired Help Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Hired Help Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent. Hired Help respects the intellectual property of others, and expects Users to do the same. Hired Help will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Hired Help Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to Hired Help a properly submitted copyright notice as indicated below, Hired Help will investigate, and if it determines, in its discretion, that the material is infringing, Hired Help will remove the content and may terminate the access of the User who posted such content to the Hired Help Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that Hired Help may find it on the Hired Help Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.