Terms of Service

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Last Updated: April 24, 2024

These terms and conditions (the “Terms”) are a legal agreement between you and HelpSeeker Inc. (“we”, “us”, “our”, “HelpSeeker”), which governs our relationship with you in respect to your use of our websites, including www.helpseeker.org (the “Website”), mobile applications, platforms and services (collectively, the “Services”). These Terms, along with our Privacy Policy set out the terms and conditions upon which you may use the Services (as described below).

By accepting the Terms or using the Services in any manner, you agree to these Terms and the Privacy Policy, incorporated herein by reference, without modification and enter into a binding contract with HelpSeeker.

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, IN WHOLE OR IN PART, DO NOT USE THE SERVICES.

These Terms apply to all users accessing the Services, including but not limited to, individuals seeking information on social services, organizations that wish to attract clients to their services, and funders that provide support funding for costs associated with providing the Services.

1. Ability to Accept Terms

By accessing the Services, you affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. If you are accessing the Services on behalf of a corporation or other organization, you represent and warrant that you are authorized to access the Services and enter into these Terms on its behalf.

2. Term and termination

Your permission to use the Services ends immediately if you violate any of clause or section of the Terms. We may (in our sole discretion) suspend or terminate your access to or use of the Services without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Services, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.

You may terminate these Terms: (a) in accordance with any subscription agreement or other agreement in place relating to the provision of the Services to you; (b) in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination; or (c) if you are only accessing our Services and do not have any account at any time, with immediate effect by ceasing use of the Services and uninstalling and removing all local software components thereof, if any, from your systems, including removing the Services from your mobile device, if applicable.

3. Modification to terms

We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Services with a change to the “Updated” date at the top of these Terms. It is your responsibility to check these Terms periodically for modifications. Your continued use of the Services following the effectiveness of any modifications to these Terms constitutes acceptance of those modifications as well. If any modification to these Terms is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.

4. Access and Use of the Services

We hereby grant you permission to use the Services as set forth in these Terms, provided that: (a) such use is solely for your personal or your organizations’ internal and non-commercial purposes; (b) you will not copy or distribute any part of the Services in any medium without our prior written authorization or as otherwise permitted by these Terms; (c )you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (d) you will otherwise comply with these Terms.

Furthermore, you may not, nor may you allow others to, directly or indirectly:

use the Services to collect or harvest any personal information,
upload or transmit any communications or content of any type on the Services that may infringe or violate any rights of any party;
use the Services for any purpose in violation of local, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts;
use the Services to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity;
use the Services in any manner that could damage, disable, overburden or impair it;
interfere with the security of, or otherwise abuse, the Services or any services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliated or linked websites;
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make them available to any third party;
copy or use the Services for any purpose other than as permitted in these Terms;
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the Services;
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of HelpSeeker, or its affiliates, suppliers, or the licensors of the Services;
disrupt or interfere with any other person’s use or enjoyment of the Services or affiliated or linked websites;
upload, post or otherwise transmit on the Services any items, including, without limitation, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive, files or computer programs; or
use any robot, spider, or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services or the content in whole or in part.

You agree that you are solely responsible for all your actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable laws concerning the use of or activities on the Services in respect of the Content. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Services.

5. Updates to the Services

HelpSeeker may from time to time provide enhancements or improvements to the features and functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Services. You agree that unless otherwise agreed in a written agreement between you or your organization and HelpSeeker, HelpSeeker has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Services and (ii) subject to these Terms and Privacy Policy of HelpSeeker.

6. Third party links

The Services may contain links to third-party websites or services that are not owned or controlled by HelpSeeker. Inclusion of any organization and information about its programs and services on the Services does not imply endorsement by us nor does any exclusion indicate lack of endorsement.

Links to other websites on the Services are provided to help users locate other Internet resources that may be of interest. Parties other than HelpSeeker independently developed these other websites and therefore HelpSeeker does not assume responsibility for the content of any third party website, nor does it make any representation or warranty of any kind regarding third party websites, including, without limitation, (i) regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third party websites, (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

A link to another website should not be construed to mean that HelpSeeker is associated with or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such websites. In addition, the mention of another party or its products or services on the Services should not be construed as an endorsement of that party or its products or services. You acknowledge and agree that HelpSeeker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Your linking to any other off-site websites is at your own risk.

7. Privacy Policy

Your privacy is important to us. By using our Services, you consent to the collection, use, reproduction, hosting, storage, transmission, and disclosure of your personal information in compliance with our Privacy Policy, found here.

8. User Content

8.1 Responsibility for User Content

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the content, information, or material, including personal information, that you submit, post, or otherwise make available on the Services ("User Content"). We are not responsible or liable for to any third party in relation to your User Content. You must ensure that you have all necessary rights and consents to use and share this User Content through our Services.

8.2 License to Use User Content

By submitting User Content on the Services, you grant HelpSeeker Inc., our service providers, and each of our respective licensees, successors, and assigns a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content as necessary to provide the Services or as otherwise permitted under these Terms or described in our Privacy Policy. You further waive any moral rights or other rights of authorship in the User Content to permit full use of the license granted herein. This license for use of personal information included in User Content is subject to our compliance with applicable privacy laws, and is limited to the extent necessary to provide the Services and other purposes described in our Privacy Policy.

8.3 Personal Information in User Content

When your User Content includes personal information, you represent and warrant that you have obtained all legally required consents from the individuals whose personal information is included in the User Content for your collection, use and disclosure of their personal information, including processing their personal information through the Services; and sharing their personal information as described in these Terms and our Privacy Policy.

Any requests related to access, correction and deletion of personal information held by HelpSeeker should be directed to our Privacy Officer via admin@helpseeker.org.

8.4 Prohibited Content

You agree not to submit, post, or otherwise make available any User Content that:

Infringes on any intellectual property rights, privacy rights, or publicity rights of others;
Violates any law, statute, ordinance, or regulation;
Is defamatory, libelous, threatening, or otherwise harassing;
Contains viruses, Trojan horses, worms, time bombs, or other harmful or destructive content.

8.5 Monitoring and Enforcement

HelpSeeker reserves the right, but not the obligation, to monitor and review User Content submitted to the Services. We may, at our sole discretion, remove or refuse to display User Content that we believe violates these Terms, our policies, or any applicable law. However, we do not regularly review posted content and assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

9. Your accounts

Certain portions of the Services may only be accessible with a registered account. Users that create an account with us must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding your password that is used to access the Services and for any activities or actions under your password, whether the password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than yours without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We will not be liable or responsible in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section of these Terms. We may (in our sole discretion) suspend or deactivate your account at any time.

10. Intellectual property

The Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are the property of HelpSeeker or third parties and are protected by copyright, trademarks, database and other intellectual property or proprietary rights.

Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of HelpSeeker or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Services, are the property of their respective owners.

In connection with your use of the Services, you may have access to data analytics dashboards that disclose information related to local programs and services that are displayed on the Services (“Data”). You acknowledge and agree that, as between you and HelpsSeeker, the Data generated from the Services is owned exclusively by HelpSeeker and HelpSeeker hereby grants you a limited, non-exclusive, non-transferable license to use such Data solely for your personal or your organization’s internal and non-commercial purposes or as otherwise permitted by an agreement in writing between you or your organization and HelpSeeker.

Subject to and conditioned on your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services or its contents in accordance with these Terms. You are authorized to view, download, print and copy portions of the material on the Services solely for your personal or your organization’s internal and non-commercial use, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Services, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.

You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by HelpSeeker. Any use of the Services or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.

11. Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, IS AT YOUR OWN RISK. HELPSEEKER, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, PROBLEM-FREE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT THE SERVER FROM WHICH THE SERVICES ARE OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE CONTENT AND FUNCTION OF THE SERVICES ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

12. Limitation of liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL HELPSEEKER NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES; ANY LINKED WEBSITES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES; OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE SERVICES; REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT THE HELPSEEKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HELPSEEKER, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS RELATING TO THE SERVICES WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You agree to indemnify, defend and hold harmless HelpSeeker, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns, from and against claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs, arising out of or relating to: (a) your use of the Services, including but not limited to third-party links or services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service, including your Content; and (d) any activity related to your account.

14. Non-waiver of rights

If you breach any of these Terms and HelpSeeker chooses not to immediately act, or chooses not to act at all, HelpSeeker will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Geographic Restrictions

The Services are not intended for use in any jurisdiction where their use is not permitted. We make no representation that content provided on our Services is applicable or appropriate for use in locations outside of Canada. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.

16. No Reliance

The content offered through the Services is provided for general information purposes only. It is not intended as advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Services.

Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither HelpSeeker its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns, have any responsibility or liability whatsoever for your use of the Services.

The Services may include content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of HelpSeeker. Neither HelpSeeker nor HelpSeeker’s affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns, have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials on the Services.

17. General

Governing Law. These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the federal laws of Canada as applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts.

Severability. Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be sent to the addresses listed on https://helpseeker.org/‍ either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested.

Assignment. The Terms are not assignable, transferable, or to be sublicensed by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.

Inurement. Subject to the other provisions of this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties and their respective affiliates, subsidiaries, heirs, executors, administrators, successors and permitted assigns.

Entire Agreement. These Terms and the Privacy Policy, as well as any other written software or platform subscription agreement between you or your organization and HelpSeeker, constitute the entire agreement between you and HelpSeeker with respect to your use of the Services and supersede any other understandings or agreements (whether oral or written), representations or claims of the parties regarding such subject matter. You may not amend these Terms.

18. Contact us

We value your use of the Services and welcome any questions or comments you might have about the Services, these Terms, or any of the products or services offered by HelpSeeker. Please refer to the Contact section of the Website for phone, email addresses and other ways to contact us.