Terms and Conditions

Sections

Code of Conduct

Privacy Policy

Terms of Use


HelpTeq strives to create a safe, professional environment to connect IT Professionals ("Teqs") with business customers that need technology services. The sections on this page detail our commitment to creating and maintaining the safety and professionalism of our platform.

This page details the terms and conditions which apply to your use of our platform, how you interact with others using the platform and us, and how we will interact with you.

Code of Conduct

By using these Platforms, you agree to abide by HelpTeq's Code of Conduct at all times. If you do not agree to abide by the Code of Conduct, you must not access or use the Platforms.

We treat others as we would want to be treated

We Respect Each Other

We Maintain Confidentiality

We Comply with All Applicable Laws and Policies

We Work in Good Faith

We Facilitate a Safe Work Environment

Privacy Policy

Last Modified: May 2020

HelpTeq (“HelpTeq,” "Company," "we," or “us”) respects your privacy and is committed to protecting it through our compliance with this “Privacy Policy.” Throughout this Privacy Policy, we refer to any person accessing or using these Platforms (as defined below) as “you,” or the “User.”

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website WWW.HELPTEQ.COM, the services, features, content, and any applications (“Apps”) offered by the Company (collectively our "Platforms") and our practices for collecting, using, maintaining, protecting and disclosing that information.


This Privacy Policy applies to information we collect:


It does not apply to information collected by:


Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Information (as defined below in INFORMATION WE COLLECT) and how we will treat it. If you do not agree with our policies and practices, your only choice is not to use our Platforms. By accessing or using our Platforms, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Platforms after we make changes is deemed to be your acceptance of those changes, so please check the Privacy Policy periodically for updates.


The Company’s Privacy Assurance


CHILDREN UNDER THE AGE OF 13:

Our Platforms are not intended for children under 13 years of age. No one under the age of 13 may provide any Personal Information to the Company or through the Platforms. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information through any of the Platforms’ features/functionality, make any purchases through the Platforms, use any of the interactive features that may be available on these Platforms, or provide any information about yourself to us, including your name, address, telephone number, and/or email address. If we learn that we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@helpteq.com.


INFORMATION WE COLLECT:

We collect several types of information from and about Users of our Platforms, including log data, device data, and Personal Information.


Log Data

When you visit our Platforms, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.


Device Data

We may also automatically collect data about the device you’re using to access our Platforms. This data may include the device type, operating system, unique device identifiers, device settings, and location data. What we collect depends on the individual settings of your device and software.


Personal Information

We may collect information from you while you use these Platforms, including:


LOCATION SHARING:

We may collect information about your actual location when you use our Platforms. Location information may help us tailor our services for you, for example, by connecting you with service providers that are nearby.

We use various technologies to obtain your location. Your location can be determined with varying degrees of accuracy by:

The types of location data we collect depend in part on your device and account settings. If you have “Background Location,” “Background App Refresh” or any similar background app settings turned on, the Platforms will, from time to time, tell us about your device’s location even if you are not directly interacting with the Platforms. You can avoid tracking when not directly interacting with the Platforms by turning these settings off.


ACCESS TO PHOTO LIBRARY:

We give Users the option to provide a headshot-style photo to their account, meaning we may request access to your device’s photo library. You are not required to grant us access to your device’s library, but you understand that by refusing access to the Platforms, some of the Platforms’s features may be limited. When you grant us access to your photo library, you enable us to access your photos, videos, and any metadata. Depending on your settings, you may also grant us permission to add photos, as well as read and write within your photo library. You can avoid this by updating your settings to reflect the level of permissions you would like granted to the Platforms.


HOW WE COLLECT INFORMATION:

Information We Collect Automatically

As you navigate through and interact with our Platforms, we may use automatic data collection technologies to collect certain information about your devices, browsing actions and patterns, as described above. The technologies we use for this automatic data collection may include cookies, flash cookies, or web beacons. For more information on these technologies, see our DATA COLLECTION POLICY below. The information we collect automatically is statistical data and does not include Personal Information, but we may maintain it for any of the reasons listed in HOW WE USE YOUR INFORMATION.


Information You Provide Directly to Us

The information we collect on or through our Platforms may include:

Information Provided to Us by Third Parties

If we receive Personal Information about you from a third party (for example, our business partners, data brokers, or credit reporting agencies), we will protect it as set out in this Privacy Policy. If you are a third party providing Personal Information about somebody else, you represent and warrant that you have such person’s consent to provide the Personal Information to us.


DATA COLLECTION POLICY:

The technologies we use for automatic data collection on these Platforms may include:


DO NOT TRACK:
“Do Not Track” is a preference you can set your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.


THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES:

Some content or services on the Platforms are served by third-parties, including content providers and service providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Platforms. The information they collect may be associated with your Personal Information, or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 


HOW WE USE YOUR INFORMATION:

We may collect your information for a number of reasons, specifically:


As stated above, we may use your information to contact you about our own and third-parties' services that may be of interest to you. If you do not want us to use your information in this way, please email us at support@helpteq.com.


DISCLOSURE OF YOUR INFORMATION, GENERALLY:

We disclose Personal Information that we collect or that you provide, as described in this Privacy Policy, in the following circumstances:


DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES:

Our Platforms enable consultants to sell services to you. As such, we may disclose your Personal Information to third party service providers for the purpose of enabling them to provide their services, including but not limited to:

We may also disclose your Personal Information to third parties for the purpose of establishing, exercising, or defending our legal rights, including but not limited to:

We may disclose aggregated,anonymized, statistical data and/or non-identifying information about our Users without restriction.


CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION:

We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms should help to provide you with control over your information:



We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on theNAI's website.


ACCESSING AND CORRECTING YOUR INFORMATION:

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can review and change your Personal Information by logging into your account profile on the Platforms and navigating to the appropriate settings page or sending us an email at  support@helpteq.comto request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete some of your Personal Information except by also deleting your User account. We may not accommodate a request to change information if we believe the change would violate any law or regulatory requirement, result in fraud, or cause the information to be incorrect.


YOUR CALIFORNIA PRIVACY RIGHTS:

If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties for their own direct marketing uses. California’s “Shine the Light” Act provides that you have the right to submit a request to us at our email address in order to receive information on the categories of customer information that we shared and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information, please send an email message to support@helpteq.comwith "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.


Please be aware that not all information sharing is covered by the Shine the Light requirements, and only information on covered sharing will be included in our response.


DATA SECURITY:

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us through the Platforms is secured by SSL encryption technology, and is stored on our secure, password protected servers. We have implemented a restricted employee access for all of our servers containing personally identifiable information.


Any payment transactions will be encrypted using SSL technology. We use Stripe (PCI-DSS compliant) as our payment processor.


The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.


Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Platforms. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platforms.


CHANGES TO OUR PRIVACY POLICY:

It is our policy to post any changes we make to our Privacy Policy on this page, with a notice that the Privacy Policy has been updated on the Platforms’ home pages. If we make material changes to how we treat our Users' Personal Information, we will notify you by email to the most recent email address provided to the Company either through correspondence or through your User account. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Platforms and this Privacy Policy to check for any changes.


CONTACT INFORMATION:

To ask questions, or make a comment about this Privacy Policy and our privacy practices, contact us at: support@helpteq.com.

Terms of Use

Last Modified: April 2019

Throughout these “Terms of Use” we use the terms “we”, “us”, “our”, or the “Company” to refer to HelpTeq. We refer to any person accessing or using the Platforms (as defined below) as “you,” or the “User.”

The following outlines the Terms of Use, together with any other legal agreements by and between you and the Company linked within the Terms of Use (collectively the “Agreement”), govern your access to and use of the website found at WWW.HELPTEQ.COM and the services, features, content, and any applications (“Apps”) offered by HelpTeq (collectively the "Platforms”). Before using any of our services, you are required to read, understand, and agree to these terms.


ACCEPTANCE OF THE TERMS OF USE:

Please read these Terms of Use carefully before you start to use the Platforms. By using the Platforms, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found on this page, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Platforms.

These Platforms are offered and available to Users who are 18 years of age or older, have a valid debit card or bank account, and reside in the United States or any of its territories or possessions. To use the Platforms as a “Customer” (defined as any User who purchases services through the Platforms), User must operate a business within the United States and must use the Platforms in a professional capacity. To use the Platforms as a Teq (as defined below) may elect to undergo a background check, through the third-party service provided by Accurate Background, at their sole discretion. If a Teq passes the background check, the Teq will receive a customer-facing profile badge denoting that they passed a background check.

By using these Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platforms.


ACCESSING THE WEBSITES AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend these Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platforms or any service or material we or Teqs provide are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Platforms, or the entirety of the Platforms, to Users. You are responsible for making all arrangements necessary for you to have access to the Platforms and ensuring that all persons who access the Platforms through your Internet connection are aware of these Terms of Use and comply with them.

To access the Platforms, or some of the resources they offer, you may be asked to provide certain registration details or other information. Details requested include, but are not limited to, first and last name, email address, phone number, physical address, headshot-style photographs, and/or financial information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current, truthful, and complete. You agree that all information you provide to register with these Platforms or otherwise, including but not limited to through the use of any interactive features on the Platforms, is governed by our Privacy Policy on this page, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


TEQS ARE INDEPENDENT CONTRACTORS:

When using the Platforms, you may choose to interact with Information Technology (IT) professionals (“Teqs”) that use the Platforms as a platform to offer their professional services. These Teqs are independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship exists between the Company or Teqs. Neither the Company nor Teqs may assume or create obligations on the other’s behalf, and neither the Company nor Teqs may take any action that creates the appearance of such authority. Though the Company performs a review of applications and Teqs may elect to undergo a criminal background check in order to receive customer-facing badges on the Platforms, any such screening and/or background checks are/is limited, and the Company does not warrant that any such screen or check is accurate, complete, conclusive or up-to-date.  You understand and agree that the Company is not liable for Teq conduct and that Company shall be held harmless for any such Teq conduct. Whether or not a background check is completed, all Teqs and Users on the Platforms must comply with the “Code of Conduct” which may be found here.


INTELLECTUAL PROPERTY RIGHTS:

The Platforms and their entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof that are provided by the Company (collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use grant you a limited, revocable, non-transferable, and non-exclusive license to use the Platforms for your commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platforms, except as follows:

You must not:

If you wish to make any use of material within the Platforms other than that set out in this section, please address your request to: support@helpteq.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms of Use, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platforms or any Content on the Platforms is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


USER GENERATED CONTENT & PROMOTIONAL LICENSE:

Users may have the opportunity to upload content to the Platforms, such as headshot-style photographs ( the “User Generated Content”). For all User Generated Content that User holds ownership of, User shall retain ownership of, and all right, title and interest in and to said User Generated Content uploaded to the Platforms.

You must not upload or contribute any User Generated Content that falls under any of the PROHIBITED USES listed below. The Company reserves the right to remove any User Generated Content, for any reason, at its sole discretion. You must not upload or contribute any content not originally created by you, or any content which is not properly licensed by you by someone else for uploading and/or contributing. User shall indemnify and hold the Company harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any content owned by third parties but uploaded to the Platforms by User.

User understands and expressly agrees to a non-exclusive, irrevocable license, permitting the Company to use any User Generated Content uploaded to the Platforms for the Company’s professional portfolio and website, and in galleries, design periodicals, and other media or exhibits for the purpose of recognition of creative excellence or professional advancement.


EMAIL CORRESPONDENCE:

Emails sent to any @helpteq.com email address are considered our property. You can read more about this in our Privacy Policy on this page. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.


TRADEMARKS:

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on these Platforms are the trademarks of their respective owners.


PROHIBITED USES:

You may use the Platforms and our services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platforms and/or our services:


Additionally, you agree not to:


You understand that any violation of this section of the Terms of Use is cause for immediate termination of your User account by the Company and you will not be entitled to use the Platforms whatsoever.


COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:

We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


IMAGES, VIDEOS, AND ARTICLES:

We may display images, articles, audio, and video (the “Material”) on the Platforms from time to time. The types of Material Users are authorized to access on the Platforms includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.


COPYRIGHT NOTICES - DMCA REQUESTS:

In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.

If we publish or are hosting Content that you think infringes your copyright, please email us at support@helpteq.com and we will address your concerns.

If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND  ARTICLES, we believe that our use is legitimate and we may not remove it from the Platforms. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will only respond to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.

To file a notice of infringement with us, you must provide a written communication by email to support@helpteq.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.

To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:

Sign the document and email it to support@helpteq.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Platforms infringes your copyright.


RELIANCE ON INFORMATION POSTED:

The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents.

These Platforms may include content provided by third parties, including information provided by Teqs. All statements and/or opinions expressed in third party content, and all responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


CHANGES TO THE WEBSITES:

We may update the Content on these Platforms from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.


YOUR PERSONAL INFORMATION:

All information we collect on these Platforms is subject to our Privacy Policy on this page. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS:

These Platforms may be used to find and offer services and to facilitate payment transactions, but all transactions conducted via the Platforms are between Users and Teqs.  The Company does not offer any purchase guarantees concerning User’s payments for service purchases or other product purchases from Teqs.

The fees for the services offered by Teqs (“Fees”) shall be as set out on the Platforms. Users shall only pay for services through the Platforms. Any payment for services made outside of the Platforms is a violation of these Terms.

In order to use all functionalities of the Platforms, Users must connect a bank account, debit card, and/or credit card (collectively, “Payment Method”) to their account on the Platforms. Users will be asked to connect their Payment Method upon sign-up. The Payment Method will not be charged until a Customer has requested a particular Teq and the Teq has confirmed the request.  Payment of Fees is due in full once the Teq has confirmed the request.

All purchases through our Platforms or other transactions for the sale of services are handled through Stripe. You understand that you may be subject to Stripe’s Privacy Policy, found at https://stripe.com/us/privacy, and Stripe’s Services Agreement, found at https://stripe.com/US/ssa, and any other applicable agreements governing the use of Stripe’s services. You understand that Stripe is a third party service provider and is wholly independent from Company. Any privacy issues or payment disputes resulting from Stripe’s services shall solely be addressed by Stripe.

If you elect to use your bank account as a Payment Method, you are required to maintain sufficient money in your bank account to pay the fees you incur through your use of the Platforms and to inform us promptly of any changes to the account.  If you elect to use your credit or debit card as a Payment Method, you are required to inform us promptly of any changes to your credit card information and must ensure that you replace such credit card and update the relevant information prior to its expiration date. Only a Payment Method may be used at any given time to make payments under this Agreement. If payment fails on two occasions, we may terminate your use of the Platforms with no notice to you.


CUSTOMER SUPPORT REFUNDS:

We hope that your use of the Platforms will be smooth. If, however, you are unsatisfied with any services ordered through the Platforms, you have thirty (30) days to contact your Teq directly to resolve any issues within the scope of services ordered from said Teq. If no resolution is reached after working directly with your Teq, please reach out to the Company directly at support@helpteq.com. We will contact the Teq you worked with, verify what steps were taken to resolve the the issue, and thereafter attempt to resolve the issue, or, at our sole discretion, we may issue a full or partial refund to you for the services.


LINKS TO OUTSIDE WEBSITES:

The Platforms may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


GEOGRAPHIC RESTRICTIONS:

The owner of the Platforms is based in the state of California, in the United States of America. We provide these Platforms for use only by persons located in the United States, unless otherwise specifically indicated. We make no claims that the Platforms or any of their Content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


DISCLAIMER OF WARRANTIES:

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of User information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.


INDEMNIFICATION:

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms, including, but not limited to, your User Generated Content, any use of the Platforms’ Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.


GOVERNING LAW:

All matters relating to the Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego, and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


ARBITRATION:

If you have any issue or dispute with the Company, you agree to first contact us at support@helpteq.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


LIMITATION ON TIME TO FILE CLAIMS:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY:

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


ENTIRE AGREEMENT:

These Terms of Use, and our Privacy Policy, constitutes the sole and entire agreement between you and us with respect to the Platforms and services provided, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms.


CHANGES TO THE TERMS OF USE:

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platforms thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platforms.

Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


YOUR COMMENTS AND CONCERNS:

These Platforms are operated HelpTeq.

All feedback, comments, requests for technical support or account termination, and other communications relating to the Platforms should be directed to support@helpteq.com.