Terms of use

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE, PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND LOTSA HELPING HANDS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using the Services in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.

The Terms of Use are entered into by and between Lotsa Helping Hands and you. If you are using the Services on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

Lotsa Helping Hands reserves the right, at Lotsa Helping Hands' sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of the Services following the posting of changes to the Terms of Use will mean you accept those changes.

Age Restriction. You must be at least 13 years old to be a registered user of our Services. To create and maintain a Lotsa Helping Hands Community, or to be a Coordinator or Community Leader you must be at least 18.

Registration Information. When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.

Account Security. As a registered user, you choose a unique password. You may not use the password of any other person to access the Services. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Services. You are solely responsible for the activities of anyone accessing the Services using your password, even if the activities were not authorized by you. You must notify us at support@lotsahelpinghands.com immediately if you believe of any unauthorized use of your password or any other breach of security that you become aware of involving or relating to the Services. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Services. Lotsa Helping Hands explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

From time to time, we may contact you (by email, phone call, or text message) with information about your account and the use of our Services, including calls and texts about appointment reminders, account statements, and other informational messages or requests for feedback. By providing your phone number and opting in to receive calls or text messages, you expressly consent to receive these communications, including those involving a pre-recorded or artificial voice or placed using any automatic telephone dialing system or other automated system for placing calls or sending texts to the phone number that you provide. Consent to receiving text messages is not required to receive products or services from us.

Message frequency may vary, and your carrier's message and data rates may apply.

You acknowledge that text messages (and emails) may be unencrypted and carry some risk that the information in the messages could be read by an unauthorized person. You further acknowledge and agree that we cannot guarantee the security and confidentiality of the text and email messages that we send to you and we are not responsible for any unauthorized access that occurs during or after the transmission of the text messages to you.

You can opt out of receiving future email or text message communications by following the opt out or unsubscribe instructions in the communication. Opting out of emails, calls, or text messages does not mean that we will not contact you about your account or our Services.

You agree to comply with all applicable laws and regulations regarding your use of the Services, including without limitation your provision of services to or receipt of services from others in connection with the Services and your posting of information to or receipt of information from or in connection with the Services.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Without limiting the generality of the foregoing, you may not, and will not attempt to:

• Use the Services in any manner that could damage, disable, overburden, interfere with or impair any Lotsa Helping Hands servers, or the network(s) connected to any Lotsa Helping Hands servers.
• Interfere with any other party's use and enjoyment of the Services.
• Attempt to gain unauthorized access to or violate the security of the Services, Services Content, other accounts, computer systems or networks connected to any Lotsa Helping Hands servers or to the Services, through hacking, password mining or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
• Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
• Create or develop competing products or services or for any other purpose that is to Lotsa Helping Hands' detriment or commercial disadvantage.
• Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
• Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated healthcare provider who provides healthcare services related to the Services, as we determine in our sole discretion.
• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Lotsa Helping Hands or any of our service providers to protect the Services.
• Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content.
• Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• Otherwise use the Services in any manner that exceeds the scope of use granted herein.
• Encourage or enable any other individual to do any of the foregoing.

You agree that Lotsa Helping Hands would be irreparably harmed by the use, by you or others, of the Services in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms of Use, and that Lotsa Helping Hands is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Lotsa Helping Hands reserves the right to block, filter or delete unsolicited email.

You agree to indemnify, defend and hold Lotsa Helping Hands and all other covered Persons harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services or Services Content, including any services that you perform or receive in connection with the Services, any information that you upload, post, email, transmit or otherwise make available via the Services, your violation of these Terms of Use, or your violation of any rights of another.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND SERVICES CONTENT ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. LOTSA HELPING HANDS AND ALL OTHER COVERED ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LOTSA HELPING HANDS AND ALL OTHER COVERED PARTIES DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE, AND ANY WARRANTIES FOR ANY SERVICES, SERVICES CONTENT, OR ANY OTHER INFORMATION, ADVICE OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, LOTSA HELPING HANDS DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND LOTSA HELPING HANDS DISCLAIMS ANY LIABILITY RELATING THERETO.

LOTSA HELPING HANDS MAY MODIFY, MAKE CHANGES TO, OR TEMPORARILY OR PERMANENTLY DISCONTINUE THE SERVICE, SERVICES OR ANY PORTION THEREOF AT ANY TIME WITHOUT NOTICE AND WITH NO LIABILITY TO YOU.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in clause (ii) is an “IP Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-Out Notice”) by email at info@lotsahelpinghands.com or by regular mail to 820 W Jackson Blvd, Suite 350, Chicago, IL 60607 within 30 days following the date you first accept these Terms, if you have not registered for an account, then within 30 days following the date you first use our Services. If you do not provide us with an Arbitration Opt-Out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute, except as expressly set forth in (i) and (ii) above. The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, will be the state and federal courts located in Chicago, Illinois, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts. Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Chicago, Illinois. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If you claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator's award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Except as otherwise stated in these Terms of Use or as expressly required by local law, any notice to us shall be given by certified postal mail to Lotsa Helping Hands, Inc., Attn: General Manager, 820 W Jackson Blvd, Suite 350, Chicago, IL 60607, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

These Terms of Use constitutes the entire agreement between you and Lotsa Helping Hands, superseding any prior agreements between you and Lotsa Helping Hands. To the extent that you have previously registered with Lotsa Helping Hands, this Agreement now governs how Lotsa Helping Hands may use your information, whether provided in the past or the future.

These Terms of Use the relationship between you and Lotsa Helping Hands and all Disputes shall be governed by the laws of The State of Illinois without regard to its conflict of laws provisions. You and Lotsa Helping Hands agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in The State of Illinois.

You agree that these Terms of Use, all rights herein, and all incorporated agreements may be automatically assigned by Lotsa Helping Hands, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Lotsa Helping Hands' assets, or similar transaction. You may not assign these Terms of Use or assign, transfer, or sublicense your rights, if any, to access or use Services or Services Content, and any attempt by you to do so is void.

Lotsa Helping Hands' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and Lotsa Helping Hands nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these terms of Use will remain in full force and effect.

You and Lotsa Helping Hands each agree that regardless of any statute or law to the contrary, and except for any breach by you of any proprietary rights of Lotsa Helping Hands, any claim or cause of action arising out of or related to these Terms of Use or your use of the Services must be filed within one (1) year after the claim or cause of action arose or be forever barred.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others.