Last Updated: August 15 2023
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.
Lotsa Helping Hands, LLC. ("Lotsa Helping Hands" "we" or "us") welcomes you to our website (the "web site"). Through the website, Lotsa Helping Hands makes available to you its Internet services for helping others, along with information, software, documents, communications, files, text, graphics, publications, content, tools, forums, resources and links to other websites (collectively with the website, the "Services").
Acceptance of Terms
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 firstname.lastname@example.org 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.
How Lotsa Helping Hands will protect your personal information
Notice, Choice, and Onward Transfers. Lotsa Helping Hands requests general demographic information in the sign-up process. This data may be transferred from Google, Apple, Microsoft, or any other third-party application source (Apple App Store, Google Play, etc.) or SSO (Single Sign-on service) as chosen by the user in accordance to all laws and the providers terms of services and privacy policies. Currently, we don't store any of the data obtained from Google or Microsoft in relation to importing address books/email addresses or other features related to inviting new users, and that data is only used in the user interface (UI) for the user to make selections. None of it is retained beyond that, unless an invited user chooses themselves to sign-up for the services. All other information is limited to reporting purposes only. Phone numbers, email addresses, street names, and street numbers are not shared for demographic reports with outside entities, except as follows. Lotsa Helping Hands partners with certain Program Providers. Program Providers' names are prominently displayed on relevant pages of the website. In such case, we may share your name, phone number, and email address with that Program Provider, and the Program Provider may communicate with you about activities associated only with it, but you will have the opportunity to opt-out of receiving further communications from the Program Provider if you wish.
Data Security. Lotsa Helping Hands takes data security seriously and has put in place customary physical and electronic procedures to protect and secure the personal information that you share with us. This information is protected using industry-standard security measures and stored in a controlled environment.
Data Integrity. Lotsa Helping Hands will use personal information only in ways that are compatible with the purposes for which it was collected, which is to provide communication among the members of the community to which you belong.
Communication Preferences; Electronic Notices and Signatures
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.
Use of Materials Limitations
The Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), and any associated copyrights, patents, or other protected or unprotected intellectual property rights (the “Services Content”) are the sole and exclusive property of Lotsa Helping Hands, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, services marks, and trade names displayed on or through the Services are proprietary to Lotsa Helping Hands, or its subsidiaries or affiliated companies and/or third-party licensors.
Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use. You are note permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Services or Services Content except as permitted by these Terms or with prior written permission from Lotsa Helping Hands.
No Unlawful or Prohibited Use
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.
- 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.
Use of the Services and the WebSite
The Services provide users (called “members”) access to open and private communities, created by coordinators, and designed to provide for communication amongst the members of the community. The website may contain email services, communities, calendars, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others within your community (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Services.
Always use caution when giving out any personally identifiable information about yourself or others in any Communication Services. Lotsa Helping Hands does not control or endorse the content, messages or information found in any Communication Services and, therefore, Lotsa Helping Hands specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Coordinators and members are not authorized Lotsa Helping Hands spokespersons, and their views do not necessarily reflect those of Lotsa Helping Hands.
In consideration of your use of the Services, you represent and warrant that all information that you upload, post, email, transmit or otherwise make available via the Service ("User Content"): (a) will be true, accurate, current and complete and will not be fraudulent; (b) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; will not be obscene or contain, pornography, or photographs of unclothed person(s); (f) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) will not link directly or indirectly to any materials to which you do not have a right to link to or include.
You, and not Lotsa Helping Hands or any Program Provider, are entirely responsible for your User Content. We do not control your User Content or the information of or posted by other members and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other members. Nor do we endorse any opinions expressed by you or other members. You understand that by using the Services, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or information of or posted by other members. You agree that under no circumstances will Lotsa Helping Hands, any of its Program Partners, or any of their respective directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or third-party partners (collectively referred to as the “Covered Parties”) be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other members, or for any loss or damage of any kind incurred as a result of the use of your information or information of or posted by other members posted, emailed, transmitted or otherwise made available in connection with the Services, or for any failure to correct or remove information.
We have the right, in our sole discretion, to suspend or terminate your use of the Services and refuse any and all current or future use of all or any portion of the Services.
Spam Email and Postings
Connections with Others
Through the Services, we provide tools that enable our members to arrange to provide services to or receive services from others, and such services may involve direct physical meeting or interaction at your home, the home of another member or other location. We do not supervise any of these services or any locations at which services may be provided, and we are not involved in any way with the actions of any members who provide or receive services or meet in connection with such services. As a result, we have no control over the identity or actions of the members who provide or receive services or meet in connection with such services, and we request that our members exercise caution and good judgment when providing or receiving services or meeting with others in connection with such services.
Because we do not supervise or control any of the services provided or received by members or any of the locations at which services may be provided, or any meetings or interactions among or between members and other persons, and because we have very limited control, if any, over the information that members upload, post, email, transmit or otherwise make available via the Services, you agree that you bear all risk and full responsibility for, and you agree to release us and all other Covered Parties from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, your use of the Services, your provision or receipt of any services in connection with the Services or any meetings or interactions among or between members and other persons in connection with the Services. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Advertisements and Promotions; Links to Third Party Services
Lotsa Helping Hands may run advertisements and promotions from third parties on the Services. The manner, mode and extent of advertising by Lotsa Helping Hands is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Lotsa Helping Hands found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Lotsa Helping Hands is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Lotsa Helping Hands advertisers on the Services.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. Lotsa Helping Hands has no control over the contents of those sites or resources, and accepts 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 the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
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.
Limitation of Liability
YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOTSA HELPING HANDS OR ANY OTHER COVERED PARTY BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, COST, OR DAMAGES OF ANY KIND UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER SPECIAL CATEGORY OF DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING IN ANY WAY FROM THE SERVICE OR THE INABILITY TO USE THE SERVICE, YOUR USE OF THE SERVICE, YOUR PERFORMANCE OR RECEIPT OF VOLUNTEER OR OTHER SERVICES IN CONNECTION WITH THE SERVICE, ANY MEETING OR INTERACTION AMONG OR BETWEEN MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE, AND THE ACTIONS OF MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR ANY MATTER RELATED TO THE SERVICE SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
Changes to the Service
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.
Third Party Links
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF LOTSA HELPING HANDS OR ANY OTHER COVERED PARTY AND LOTSA HELPING HANDS AND THE COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LOTSA HELPING HANDS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT LOTSA HELPING HANDS OR ANY COVERED PARTY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Agreement to Arbitrate
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 email@example.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.
Arbitration Location and Procedure
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.
Lotsa Helping Hands may suspend or terminate your right to access and use of the Services or Services Content, or any portion thereof, at any time and for any reason. In addition, your right to access and use the Services or Services Content terminates automatically upon your breach of any of the Terms.
If you wish to terminate these Terms, you may immediately stop accessing or using the Services at any time.
The disclaimer of warranties, indemnification, limitation of liability, and dispute resolution provisions, and any other provision which by its nature should survive termination or expiration, will survive any termination or expiration. The license grants applicable to you User Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license.
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.