UPDATED MAY 2020.
Welcome to thehelpreliefproject.com! The Help Relief Project (“THRP”) provides this website (the “Website”), any information, text, data, articles, design, source code, software, photos, images, graphics, logos or other materials appearing on the Website (the “Content”), and any programs and services provided through THRP or the Website (the “Services”), to you subject to following terms and conditions (these “Terms of Use”). Your access to and use of the Website, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing, browsing and/or using the Website, Content, or Services, you acknowledge that you have read, understand and agree to be bound by these Terms of Use and THRP’s Privacy Policy, which is accessible at https://thehelpreliefproject.org/privacy-policy/ and which is hereby incorporated into and made part of these Terms of Use. If you do not agree with any of the above, you may not access, browse or use the Website, Content, or Services.
You acknowledge and agree that THRP may revise these Terms of Use from time to time without notice to you. You understand and agree that your access to or use of the Website, Content, or Services is governed by the Terms of Use effective at the time of your access to or use of the Website, Content, or Services. THRP may terminate, suspend, or restrict access to all or any part of the Website, Content, or Services without notice or liability. You should periodically review the Website for the most up-to-date version of these Terms of Use.
Please review THRP’s Privacy Policy, which is accessible at https://thehelpreliefproject.org/privacy-policy/, for information concerning how THRP’s uses and protects the personal information that you may provide through the Website.
All right, title, and interest in and to the Website, Content, and Services are the sole and exclusive property of THRP and its licensors. The Website, Content, and Services are protected by copyright, trademark, and other proprietary or intellectual property rights and laws of both the United States and other countries. Except as expressly permitted in these Terms of Use, you may not copy, reproduce, modify or prepare derivative works based upon, distribute, republish, display, sell, transfer, post, publicly display, publicly perform, transmit, or otherwise use the Website, Content, or Services in any form or by any means, including without limitation electronic, mechanical, photocopy, record or otherwise, without THRP’s express written consent. You may not copy or modify the HTML code used to generate web pages on the Website. You may not use the Website, Content, or Services on or in connection with any other website, for any purpose, including without limitation linking, framing, or in any network computer environment, without THRP’s express written consent. You also may not, without THRP’s express written consent, archive, cache, or mirror all or any portion of the web pages on the Website.
You acknowledge and agree that all of THRP’s trademarks, trade names, service marks, logos, brand features, and product and service names, including “Mission Asset Fund,” “THRP”, “Missionassetfund.org, “Lending Circles”, and “Resources Match” (the “THRP Marks”) are the sole and exclusive property of THRP. You may not use the THRP marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with THRP.
You may access and use the Website, Content and Services solely your personal, non-commercial benefit. You agree not to use the Website, Content, and Services except as specifically provided for in these Terms of Use or otherwise approved in writing by THRP.
You agree to use the Website, Content and Services only for lawful purposes. You are prohibited from any use of the Website, Content or Services that would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability.
Without limitation, you agree not to do any of the following while using the Website, Content or Services:
THRP may, but is not obligated to, monitor activity on the Website to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby specifically agree to such monitoring.
THRP reserves the right to remove or refuse to post or distribute any third party content, and to restrict, suspend or terminate the access or use of the Website, Content or Services of any user without notice and with no liability to THRP whatsoever.
Certain Services require registration for an account in order to fully use the Website and the Content. Such users must be United States Residents that are 18 years of age or older. Persons under the age of 18 are not eligible to participate in such Services. If you are under the age of 18, you may only participate in the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. By accessing and using such Services, you represent and warrant that: (1) you are at least 18 years of age or are accessing or using the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use; (2) you are eligible to register and participate in such Services, including Lending Circles, Security Deposit, and THRP Programs; (3) all information that you submit to TRHP in connection with the Services is true and correct; and (4) you will not use the Website, Content, or Services, directly or indirectly, for any fraudulent undertaking, illegal activity, or in any manner that is inconsistent with these Terms of Use or that would impair the rights of THRP.
When you register for an account, you agree to submit accurate and complete information and to update such information as required from time to time. You will be asked to select a personal, non-transferable password when you create an account. If you submit a request for a lost or forgotten username or password, you may be asked to provide information that THRP will use to confirm your identity. You are solely responsible for all activities or actions that occur in connection with your password-protected account. You are responsible for maintaining the confidentiality of your account password and agree not to disclose your password to any third party. You agree to notify THRP immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You agree that THRP may send to you in electronic form any notices or other communications regarding the Website, Content, and Services and such electronic form will satisfy any legal requirements with respect to communications or notice.
Because THRP operates on the Internet, it is necessary for you to consent to transact business with THRP online and electronically. As part of doing business with us, therefore, THRP also needs you to consent to our giving you certain disclosures electronically, either via the Website or to the email address you provide to THPR during registration for the Services. By entering into this Terms of Use, you consent to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations or services under this Terms of Use (each, a “Disclosure”). The decision to do business with THRP electronically is yours. This document informs you of your rights concerning Disclosures.
Electronic Communications. Any Disclosures will be provided to you electronically through THRP either on our Website or via electronic mail to the verified email address you provided during registration for the Services. If you require paper copies of such Disclosures, you may write to THRP at the mailing address provided below and a paper copy will be sent to you.
Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate.
Consenting to Do Business Electronically. Before you decide to do business electronically with us, you should consider whether you have the required hardware and software capabilities described below.
Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, or the equivalent software; and hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting THRP at the address below.
How to Contact THRP regarding Electronic Disclosures. You can contact THRP via email at support@thehelpreliefproject.org. You may also reach THRP in writing at the following address:
5110 Wallace Becknell Road
Santa Barbara, California 93117
You will keep THRP informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify THRP of the change by sending an email to support@thehelpreliefproject.org.
If you have any questions about these Terms of Use, please contact THRP at support@thehelpreliefproject.org.
If you violate any of these Terms of Use, your permission to use the Website, Content, and Services will automatically terminate. THRP reserves the right to revoke your access to and use of the Website, Content, and Services at any time, without cause. THRP also reserves the right to cease providing or to change the Website, Content, or Services at any time and without notice.
THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRP EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THRP OR THROUGH THE WEBSITE, CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRP MAKES
NO WARRANTY THAT THE WEBSITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, BE
ACCURATE, COMPLETE, CURRENT OR TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.
THRP DOES NOT WARRANT THAT THE WEBSITE, CONTENT, AND SERVICES ARE FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRP IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT OR THROUGH THE WEBSITE, CONTENT, AND SERVICES OR BY YOUR RELIANCE ON SUCH INFORMATION OR IDEAS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THRP NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE WEBSITE, CONTENT, AND SERVICES OR THE USE, ATTEMPTED USE OR INABILITY TO USE THE WEBSITE, CONTENT, AND SERVICES, INCLUDING LOST REVENUE, LOST DATA, DAMAGED DEVICES OR OTHER INTANGIBLES, EVEN IF THRP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT THRP’S TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT, IF ANY, RECEIVED BY THRP FROM YOU TO ACCESS THE WEBSITE, CONTENT, AND SERVICES OR, IF GREATER, $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Website may contain links to third-party websites or resources. You acknowledge and agree that THRP is not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, information, products, or services on or available from such websites or resources. Links to such third-party websites or resources do not imply any endorsement by THRP of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge and agree that your access and use of such third party websites and resources is your sole responsibility and you assume all risk arising from your access and use of any such websites or resources.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
The failure of THRP to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
These Terms of Use are governed by the laws of the State of California, without regard to its choice of law or conflict of law provisions.
Any controversies, claims, counterclaims or other disputes arising between you and THRP relating to these Terms of Use or the Website, Content, and Services (each a “Claim”) shall be exclusively resolved by final and binding arbitration in San Francisco, California. The arbitration will be heard and determined by a single arbitrator and submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration provided for herein shall be in lieu of any civil action, and any decision resulting from such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
The cost of each arbitration proceeding, including without limitation the arbitrator’s compensation and expenses, meeting room charges, court reporter transcript charges, and similar expenses, shall be borne by the party whom the arbitrator determines has not prevailed in such proceeding, or borne equally by the parties if the arbitrator determines that neither party has prevailed.
Notwithstanding anything in these Terms of Use to the contrary, a party may, at any time, seek a temporary restraining order or a preliminary injunction from any court of competent jurisdiction in the County of San Francisco, California, in order to prevent immediate and irreparable injury, loss, or damage on a provisional basis, pending the decision of the arbitrator on the ultimate merits of any Claim.
Neither you nor THRP may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THESE TERMS OF USE PROVIDE THAT ALL CLAIMS BETWEEN YOU AND THRP WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
Should a Claim arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the County of San Francisco, California.
You agree to indemnify, hold harmless, and release THRP, its subsidiaries, and its and their respective officers, directors, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses, including, but not limited to, reasonable attorney’s fees, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the Website, Content or Services; (ii) your violation of any terms of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your use of the Website, Content or Services caused damage to a third party.
These Terms of Use are the entire and exclusive agreement between THRP and you with respect to the Website and the Content. These Terms of Use shall be subject to any other agreements you have entered into with THRP that govern your participation in the Services, including Lending Circles, Security Deposit, and Resources Match.
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