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Terms of Use

Terms of Use

Last Updated: July 14, 2023

These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Site and/or the Services (defined below) provided by The Helper Bees (“THB”). Certain THB Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services (“Additional Terms”).

  • Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users” or “Users”).
  • These Terms are subject to change by THB at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check thehelperbees.com/terms-of-use for updates. Additional Terms are also subject to change by THB at any time and take effect immediately upon publishing. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms and all other agreements and understandings between you and THB with respect to the subject matter in these Terms.
  • By using this site and/or providing personal information, you, provide explicit consent for your relevant data to be shared with any third party that provides or recommends the THB services to you. The data shared may include, but is not limited to, personal identification information, health information, including services you obtain from or through The Helper Bees, and claims data. The purpose of this data sharing is to facilitate effective administration, customer support, and to enhance the overall quality of the services provided to you. You have the right to withdraw your consent at any time by contacting The Helper Bees at privacy@thehelperbees.com. However, please note that the withdrawal of consent may affect the ability to provide you with certain services. By continuing to use this website and providing your personal information, you acknowledge that you have read, understood, and agreed to the terms of this data sharing consent.

For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean www.thehelperbees.com and any other websites, web pages, mobile applications and mobile websites operated by THB (“we”) in the United States and the “Services” shall mean any of the various services that THB provides through the Site or any other channels, including

without limitation, over the telephone.

1         Description of THB

THB is a software as a service [SaaS] product designed to help care recipients and their families successfully age in place. The Services we offer include, among others:

  • Caregiver Matching
    • We enable individuals offering aging in place services (“Helpers”) to make themselves available to the clients who may need their services. In addition to this Agreement, all Helpers must sign a separate User Agreement with THB.
    • We enable individuals seeking aging in place services (“Care Recipients”) to find Helpers that may fulfill their needs.  In the context of this document, the term “Care Recipients” refers to any client seeking aging in place services regardless of their age. In addition to this Agreement, all Care Recipients utilizing caregiver matching services must sign a separate User Agreement with THB.
  • Care Concierge
    • We help educate and connect Care Recipients with Services they may need to successfully age in place. This Service is offered direct to consumers in a self- pay model and is also offered through insurance carriers who may fund some or all of the Service.
  • Long Term Care (LTC) Insurance Solutions
    • Records collection and claims processing
      • THB collects records from 3rd party providers and utilizes technology to help optimize LTC claims processing.
    • Homecare digital invoicing
      • THB collects homecare invoice data and submits it on behalf of the Care Recipient to an LTC carrier.
    • Facility digital invoicing
      • THB collects facility invoice data and submits it on behalf of the Care Recipient to an LTC carrier.
    • Benefit Eligibility Assessments
      • THB executes LTC claim Benefit Eligibility Assessments, often perform by Registered Nurses, on LTC policyholders for the carrier to help determine benefit eligibility.
  • Healthcare, Medicare Advantage (MA), and other Payor Insurance Solutions
    • Please refer to https://myhealthalign.com/services/

2          Limitations of our Services

2.1 No Endorsement

We believe and are committed to Care Recipients and their family members regarding how to assess quality care so that they can make good decisions today and every day after a loved one is placed with a provider. Due to the complicated and constantly changing aging in place

landscape, we cannot attest to or guarantee the work of providers or solutions that we may inform you about. We do not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation.

2.2 No Professional Advice

The information contained in this Site and communicated by employees and agents of THB may include content that relates to medical, legal, financial or other professional matters. It is provided for informational, educational and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis or treatment; legal; financial or professional advice; or advice regarding which service providers you should use.

You should consult with a medical doctor, attorney, financial or other professional if you need assistance with matters that fall into their area of expertise.

2.3 Privacy and Consent to Communications

We believe strongly in providing you notice of how we collect and use your data, including Personal Data (as defined in our Privacy Policy: https://www.thehelperbees.com/privacy-policy/) collected from the Site. We have adopted a Privacy Policy, to which you should refer, to fully understand how we collect and use Personal Data. By filling out any forms on the Site or providing information to us, you acknowledge that we have an established business relationship, and you expressly consent to being contacted by us or our providers, whether by phone, mobile phone, email, mail or otherwise.

2.4 Caregiver Matching & LTC Invoicing Services

We do not employ any Helpers (the individuals who provide aging in place services). Care Recipients are responsible for compliance with all laws in connection with any employment relationship they may establish with Helpers (such as employment type, applicable payroll, tax and minimum wage laws).

We do not have control over the quality, timing, or legality of the services actually delivered by Helpers, or of the integrity, responsibility or actions of Care Recipients or Helpers and we neither refer nor recommend Care Recipients or Helpers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the Services provided by Helpers or the integrity, responsibility or actions of Care Recipients or Helpers whether they occur in public, in private or via offline interactions.

THB is not responsible for the conduct, whether online or offline, of any Care Recipient, Helper or other user of the Site or Services. Moreover, THB does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Recipients and Helpers, hereby expressly waive any and all claims of liability against THB (or THB’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors,

independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in THB through their employer’s benefits program, hereinafter “Affiliates”) for the actions or inactions of any Care Recipient, Helper or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, THB and its Affiliates expressly disclaims any legal responsibility and/or liability whatsoever, under any theory of law,for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

2.5 Insurance Services

For Long Term Care homecare invoicing, facility invoicing, claims processing, benefit eligibility assessment, care concierge services, Medicare Advantage benefit services, or any other type of insurance related service, THB is not responsible for the outcome of the invoice, assessment, or provider data provided to the insurance carrier. THB is not responsible for insurance claim payments, adjudications, eligibility outcomes, or any other actions performed by the insurance carrier.

3          User Responsibilities

Any screening of a Care Recipient, Helper, or other aging in place resource by THB is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability to the other. Users are solely responsible for verifying the accuracy of information provided by the Helper or Care Recipient to ensure they are utilized appropriately.

Each User is responsible for complying with all applicable laws in connection with the usage of any service, resource, equipment, or otherwise in relation to THB Services.

3.1        Eligibility

To be eligible to use our Services, you must meet the following criteria:

  • Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
  • If you are registering to be a Helper for caregiver matching services, you must be permitted to legally work within the United States.
  • For the caregiver matching services, neither the Helper nor any Care Recipient or

member of the Care Recipient’s household has ever been (i) convicted of any felony or criminal offense involving physical or emotional violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others or dishonesty, or

(ii) registered, or currently required to register, as a sex offender with any government entity.

  • You must not be a competitor of THB or using our Services for reasons that are in competition with THB.

3.2       Representations and Warranties

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the eligibility criteria set forth in Section 3.1 above.

4         Rules for User Conduct and Use of Services

4.1       Registration, Posting, and Content Restrictions

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking help for another individual or family member.
  • All Content you post will be in English as the Site and Services are not currently supported in any other languages.
  • You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from THB where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to THB or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
  • You understand and agree that THB may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of THB violates these Terms or which THB determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
  • You have the right, and hereby grant, to THB, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by THB will not infringe or violate the rights of any third party.
  • Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
  • THB is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site.
  • We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of THB and we may use all such communications, all without notice to, consent from, or compensation to you.
  • Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by THB, are those of their respective authors. Such authors are solely responsible for such content. THB does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will THB or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

You agree that THB has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review if supported by the platform, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.

To the maximum extent permitted by law, THB disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold THB harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

4.2       Exclusive Use

If you are a Care Recipient, you may use your account only for yourself, your parents, your grandparents, or individuals for whom you are otherwise the legal guardian. If you are a Helper, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

4.3       Prohibited Uses

By using the Site or Services of THB, you agree that you will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Site or Services for any unlawful purpose, for any purpose not expressly intended by THB or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s THB account;
  • provide false or inaccurate information when registering an account on THB, using the Services or communicating with other Registered Users;
  • attempt to re-register with THB if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
  • interfere or attempt to interfere with the proper functioning of THB’s Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on THB for any commercial solicitation purposes;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Care Recipient may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.

Should THB find that you violated any terms stated herein, THB reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that THB may assess, and you will be obligated to pay, a $10,000 daily penalty as liquidated damages, for scraping, either in a manual or automatic manner, Personally Data , including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights THB may have under these Terms or applicable law.

Further, in order to protect the integrity of the Site and the Services, THB reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

5         Termination of Registration

Should THB determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, THB reserves the right, at its sole discretion, to immediately terminate your access to all or part of the THB Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in THB, with or without notice. Upon termination, THB shall be under no obligation to provide you with a copy of any content posted by or about you on the Site.

In any event, THB also reserves the right, in its sole discretion, to terminate your access to all or part of the THB Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in THB, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, THB reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

6         Privacy

THB will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full https://www.thehelperbees.com/privacy-policy/.

7         Links To External Sites

Links from the Site to external sites (including external sites that are framed by THB) or inclusion of advertisements do not constitute an endorsement by THB of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. THB does not control such sites, and is not responsible for their content. Just because THB has hyperlinks to such sites does not mean that THB endorses any of the material on such sites, or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the Privacy Policy and Terms of Use for those sites, and not by THB’s Terms of Use and Privacy Policy. THB expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold THB harmless from any liability that may result from the use of links that may appear on the Site.

8         Payment And Refund Policy

In order to utilize some THB Services or product offerings, the user of such Services or product offerings must pay THB fees as outlined on the Site. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.

8.1       Billing and Payment

You authorize THB to charge your chosen payment provider according to the terms of the service you use. THB reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize THB to charge your chosen payment provider for the Services and/or products you purchase. You agree that if THB already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.

The Helper Bees uses 3rd party services for credit card and ACH bank payments. In these instances, you will be notified of the 3rd party that is utilized for payment processing and must comply with the terms of use of that 3rd party payment processor. If you do not agree with those terms, you may not use the related Service.

8.2       Refund Policy

Except as set forth below or as described on the Site at the time you subscribe, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations.

9    Release of Liability for Conduct and Disputes

For the caregiving matching service, we are not an employer of Helpers. Care Recipients may seek the services of a Helper through the use of the Site or Services, and Helpers may post profiles and submit proposals to Care Recipients regarding their services. Any issues concerning the conduct of a Care Recipient or Helper including, without limitation, the services received by the Care Recipient or payment due to the Helper, must be resolved directly by the Care Recipient and the Helper.

For all of THB Services, we will not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or

in any way connected with the usage of an aging in place resource. By using this Site or our Services, you hereby represent, understand, and expressly agree to hold THB harmless for any claim or controversy that may arise from any disputes between you and any resources, aging in place providers, or other user(s) of the Site. You agree to take reasonable precautions in all interactions with resources, aging in place providers, or other users of the Site or the Services, particularly if you decide to meet offline.

10    Age Restrictions

THB is intended for people 18 or over and Care Recipients and Helpers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. THB will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated.

11    Disclaimers; Limitations; Waivers; Indemnification

11.1  No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by THB, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THEHELPERBEES DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THEHELPERBEES; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEHELPERBEES EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, THEHELPERBEES MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A HELPER OR TO UTILIZE THE SERVICES OF A HELPER.

WITH RESPECT TO CORPORATE CARE RECIPIENTS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE RECIPIENT, THEHELPERBEES OR ITS INFORMATION PROVIDERS. IN NO EVENT WILL THEHELPERBEES OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

11.2  Assumption of Risk

You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions when interacting with other site visitors or Registered Users.

11.3  Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will THB be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to insurance carrier actions or determinations, the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if THB, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL THEHELPERBEES’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR SERVICES, OR, IF YOU HAVE NOT PAID THEHELPERBEES FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

Waiver of Claims for non-THB Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THEHELPERBEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY

INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. THB makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

11.4  Indemnification

By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless THB and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by THB and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. THB and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of THB. Users further agree to hold harmless THB and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

12    Copyright Notices/Complaints

It is THB’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting THB’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

THB’s agent for copyright issues relating to this Site can be reached at support@thehelperbees.com.

13    Governing Law and Jurisdiction

You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between Care Recipient and Helper will be governed by the laws of the State of Texas, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. The Terms of Use and related Additional Terms shall be subject and governed by the dispute resolution mechanisms outlined in the User Agreement.

14    Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

15    Text Messages

Automatic Telephone Dialing System: By providing us with your telephone number, including  on our Sites or over the telephone, you agree to be contacted by THB in relation to the Services that we provide you and/or to explore options relating to our Services. You agree to be contacted by telephone call or text message at the telephone number you provided using automatic telephone dialing systems, even if you previously registered on a Do Not Call registry, and consent is not a condition of any purchase.

However, receipt of the SMS text messages from THB is voluntary and you may opt out at any time. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages.

16    Contact Information

If you have any questions or need further information as to the Site or Services provided by THB, or need to notify THB as to any matters relating to the Site or Services please contact THB at: support@thehelperbees.com.