Company Profile:
Updated: September 20, 2009.
Important! Please read these Terms
of Use (the "Terms") carefully before using www.expresshelpline.com,
as they affect and govern your legal rights and obligations. Expresshelpline,
Inc. ("Company" or "we," "our," or "us")
owns or controls Expresshelpline.Com (however accessed and/or used,
whether via personal computers, mobile devices, or otherwise) and other
interactive features that are accessible or downloadable through Expresshelpline.Com
and that post a link to these Terms (the "Web Site"). These
Terms govern your use of the Web Site.
You agree to these Terms by accessing
or using this Web Site, registering for services offered on the Web
Site, or by accepting, uploading, submitting or downloading any information
or content from or to the Web Site. In some instances, both these Terms
and a separate guidelines document or end user license agreement setting
forth additional conditions may apply to a service or feature offered
through this Web Site ("Additional Terms"). To the extent
there is a conflict between these Terms and any Additional Terms, the
Additional Terms will control unless the Additional Terms expressly
state otherwise. Unless explicitly stated otherwise, any new features
that augment or enhance the Web Site, including the release of new or
specialized Company web-based services, are subject to these Terms.
In order to use the Web Site, you must obtain access to the Internet,
either directly or through devices that access web-based content, and
pay any service fees associated with such access. In addition, you must
provide all equipment and technology necessary to make such connection
to the Internet (e.g., personal computer, modem, cell phone, other access
device, etc.).
If you do not agree to be bound by
all of these Terms, do not use this Web Site. You agree to comply with
all rules, laws and regulations that are applicable to your use of the
Web Site, including, without limitation, those governing your transmission
or use of any software or data.
Ownership of Contents/License
The Web Site is owned and operated by Expresshelpline, Inc. ("Company," "us" or "we"). This Web Site and all of its past, current and future content, such as questions, answers, articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the "look and feel" of the Web Site, and any other form of intellectual property (collectively, the "Content") is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms.
Unauthorized use, copying, reproduction,
storing, modification, republishing, uploading, downloading, posting,
transmitting, distributing, duplicating, removal or alteration of advertising
or any other misuse of any of the Content is strictly prohibited. .
You agree to abide by any and all additional copyright notices, information
or restrictions contained in any part of the Web Site.
Subject to your strict compliance with
these Terms and any Additional Terms, Company grants you a limited,
personal, non-exclusive, non-commercial, revocable, non-assignable and
non-transferable license to access, download, view, use and/or play
a single copy of the Content (excluding object and source code). You
must retain all copyright, trademark and other proprietary notices contained
in the original Content or any copy you may make of the Content. You
may not, nor may you allow or aid or abet any third party (whether or
not for your benefit) to copy or adapt any code that comprises the Web
Site's software, HTML, JavaScript or other script, or otherwise reverse
engineer, decompile, reverse assemble, modify or attempt to discover
any source code used to generate the Web Site or any software or other
products or processes accessible through the Web site, nor insert any
code or product to manipulate the Content in any way that affects any
user's experience. Unless otherwise expressly authorized in these Terms,
the Additional Terms or on the Web Site, you further agree that you
will not, in whole or in part, modify, reproduce, archive, transfer
by any means, create derivative works from, publish in any form, online
or offline, disseminate, or circulate to any third-party, or otherwise
use the Content in any way for any public or commercial purpose.
Software
Any software that we may make available for download or use from the Web Sites and/or our servers (the "Software") is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software.
Without limiting the foregoing, copying
or reproduction of the Software to any other server or location for
further reproduction or redistribution is expressly prohibited, unless
such reproduction or redistribution is expressly permitted by the Additional
Terms applicable to such Software.
Copyrights and Copyright Agent
If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
Company's copyright agent the following information required by the
Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification,
a representative list of such works at that site; (c) identification
of the material that is claimed to be infringing or to be the subject
of infringing activity and information reasonably sufficient to permit
us to locate the material; (d) information reasonably sufficient to
permit us to contact the complaining party; (e) a statement that the
complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or the law; and (f) a statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Company's copyright agent for notice
of claims of copyright infringement on or regarding the Web Site can
be reached as follows:
By mail:
Attn: Copyright Agent
Expresshelpline, Inc.
By email: pay@expresshelpline.com
We have a policy of terminating the
accounts of users who (in our reasonable discretion) are repeat infringers.
Changes to Web Site or Terms
Company may add, change, discontinue,
remove or suspend any portion of the Web Site at any time, without notice.
We reserve the right, in our sole discretion, to modify, alter, or otherwise
change these Terms and will post any new or revised terms on the Web
Site.
User Accounts
Certain areas of the Web Site may ask
you to create an account or may otherwise ask you to provide information
to participate in certain features or to access certain content (e.g.
register as a customer or expert, view answers, refer other users, access
your account, make payments, make withdrawals, etc.). The Web Site's
practices governing your personal information are disclosed in its Privacy
Policy. If you choose to provide information to the Web Site, you agree
to provide only true, accurate, current and complete information. If
you create an account, you agree to accept responsibility for all activities
that occur under your account or password, if any, and agree you will
not sell, transfer or assign your account. You are responsible for maintaining
the confidentiality of your password, if any, and for restricting access
to your computer cell phone or other internet access device, as applicable,
so that others may not access any password protected portion of the
Web Site using your name, user name or password in whole or in part.
Information You Submit
Question forms, answer threads, message
boards, chat rooms, social networking areas, or other interactive areas
on the Web Site ("User Forums") are provided to give users
a forum to ask questions, provide answers, express their opinions and
share their ideas and information. Most information posted in User Forums
are available for view by the general public. Users may be able to upload
or otherwise submit information, text, photographs, data, documents,
software, messages, suggestions, audio, video, and other materials to
the Web Site through these User Forums and other Web Site features ("Your
Upload Information"). Company and Affiliates (defined below) do
not endorse the content, including, without limitation, any of Your
Upload Information, posted in User Forums or otherwise on the Web Site.
Company reserves the right, but is not obligated, to reject, delete,
move or edit Your Upload Information in whole or in part, for any reason
in Company's sole discretion. Company reserves the right to suspend
or terminate your access to the Web Site and pursue all legal remedies
if we believe your Upload Information infringes another's copyright
or otherwise violates any law, rule or regulation. You acknowledge and
agree that you are prohibited from accepting payment from other sources
for Your Upload Information, including, without limitation, accepting
payment for the inclusion of a logo, brand or other commercial content,
in Your Upload Information.
Your Upload Information is your sole
responsibility. This means that you, and not Company, are entirely responsible
for all Your Upload Information that you upload, post, e-mail, transmit
or otherwise make available via the Web Site. In User Forums, you are
urged to not post personal and private information such as your contact
information, email address, telephone number, last names, addresses,
bank or financial information, social security number, driver's license
number, etc., If you post personal information in User Forums or on
other publicly available areas of the Web Site then you may receive
unsolicited communications or messages from third parties, including
the risk of identity theft. Company cannot ensure the security of any
information you post on the Web Site. Under no circumstances will we
be liable in any way for any of Your Upload Information including, but
not limited to, any errors or omissions in Your Upload Information,
or for any loss or damage of any kind incurred as a result of Your Upload
Information. You represent that Your Upload Information is an original
work by you or you have all necessary rights in it to submit it to Company
under the terms of these Terms; that it is not defamatory; and that
it does not infringe upon, misappropriate or violate the rights of any
third parties, including, without limitation, any intellectual property
rights, rights of publicity or privacy or any other proprietary rights
or otherwise violate any law, rule or regulation. You further agree
that you are solely liable for any and all costs, claims, demands, investigations,
liabilities, losses, damages, judgments, settlements, costs and expenses,
including attorneys' fees, connected to or arising from your breach
of any representation or warranty, or other violation of the terms of
these Terms or any Additional Terms.
Except as otherwise expressly described
in the our Privacy Policy, any applicable Additional Terms or on the
Web Site, Your Upload Information will be treated as non-confidential
and non-proprietary and we will not be liable for any use or disclosure
to anyone, including but not limited to claimed intellectual property
owners. When you upload your Upload Information via the Web Site, you
automatically and irrevocably grant to Company, its Affiliates, and
partners a non-exclusive, worldwide, royalty-free license to your Upload
Information containing all right, title and interest in Your Upload
Information, including, without limitation, all patents, trademarks,
service marks, trade names, trade identities, copyrights, trade secrets,
logos, domain names, know-how, source code and object code, mask-work
rights, inventions, moral rights, author's rights, algorithms, rights
in packaging, goodwill and other intellectual property and proprietary
rights whatsoever in Your Upload Information. You further agree that
Company, its Affiliates, and the directors, officers, employees, and
other representatives of each of them will have the unfettered right
throughout the universe, in perpetuity, without any credit or compensation
to you, to use, reuse, modify, alter, display, archive, publish, sub-license,
perform, reproduce, disclose, transmit, broadcast, post, sell, translate,
create derivative works of, distribute and use for advertising, marketing,
publicity and promotional purposes, any of Your Upload Information or
portions of Your Upload Information, and your name, voice, likeness,
and other identifying information in any form, media, software or technology
of any kind now known or developed in the future for any purposes whatsoever
including, without limitation, developing, manufacturing and marketing
products using Your Upload Information. You hereby waive any moral rights
you may have in and to any of Your Upload Information, even if such
material is altered or changed in a manner not agreeable to you. You
agree and understand that Company and its Affiliates are not obligated
to use Your Upload Information, submitted through the Web Site or otherwise,
and may alternatively choose to discard, limit or block access to Your
Upload Information without any liability whatsoever.
You acknowledge that the Web Site,
through Company and its Affiliates undertake no obligation to pre-screen
Your Upload Information, but that it has the unfettered right (but not
the obligation), in its sole discretion, to modify, edit, transmit over
various networks, refuse, move, block access to, or remove any of Your
Upload Information. Company might or might not post Your Upload Information,
and it is not required to do so. Also, Company may discard or destroy
Your Upload Information at any time it chooses, without any notice or
liability to you. You agree that you must evaluate, and bear all risks
associated with, the use of any of Your Upload Information including,
but not limited to, any reliance on the accuracy, completeness, or usefulness
of Your Upload Information. You understand that you may bear legal responsibility
for others' exposure to any offensive, indecent, or objectionable content
in your Upload Information.
Please note that, generally, Your Upload
Information will be accessible by other users of the Web Site. Please
be sure that any of Your Upload Information that you post on any publicly
accessible portion of the Web Site (including any online entry or entries
that you choose to share with others, either via the Web Site or by
e-mailing the entry or entries to your friends or families) is information
that you are comfortable sharing with others.
Restrictions on Use
As used in the Terms, "Affiliates"
means Company's related companies, parent, subsidiaries, licensors,
divisions, affiliates, directors, officers, partners, agents and assigns.
You represent, warrant and agree not
to do any of the following while using the Web Site:
1. harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user;
2. upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, "Transmit") any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates); (ii) contains any negative comments that pertain to an individual's race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates; (iv) is vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by Company in its sole discretion);
3. transmit any content, information, or software that is unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
4. transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
6. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes;
7. encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or
9. solicit or collect
personal data including, without limitation, telephone numbers, addresses,
last names or email addresses, about other users.
You are solely responsible for your
interaction with other users of this Web Site, whether online or offline.
We are not responsible or liable for the conduct of any user. We reserve
the right, but have no obligation, to monitor or become involved in
disputes between you and other users.
Disclaimers/Limitations on Liability
The Web Site, including, without limitation,
all Content, Software and functions made available on or accessed through
or sent from the Web Site is provided "as is," "as available,"
and "with all faults". To the fullest extent permissible by
law, Company and its Affiliates make no representations or warranties
or endorsements of any kind whatsover, either express or implied, about:
(a) the Web Site; (b) the Content and Software on and provided through
the Web Site; (c) the functions made accessible on or accessed through
the Web Site; (d) the messages and information sent from the Web Site
by users; (e) any products or services offered via the Web Site or hypertext
links to third parties; and/or (f) security associated with the transmission
of sensitive information through the Web Site or any linked site. Company
does not warrant that the Web Site, any of the Web Site's functions
or any Content contained therein will be uninterrupted or error-free;
that defects will be corrected; or that the Web Site or the servers
that makes it available are free of viruses or other harmful components.
Company does not warrant that your
activities or use of the Web Site is lawful in any particular jurisdiction
and, in any event, Company specifically disclaims such warranties. You
understand that by using any of the features of the Web Site, you act
at your own risk, and you represent and warrant that your activities
are lawful in every jurisdiction where you access or use the Web Site
or the Content. Further, Company and its Affiliates disclaim any express
or implied warranties, including, without limitation, merchantability,
non-infringement, fitness for a particular purpose, and title.
Company or its Affiliates or the directors,
officers, employees, or other representatives of each of them shall
not be liable for the use of the Web Site including, without limitation,
the Content and any errors contained therein. Some jurisdictions limit
or do not allow the disclaimer of implied or other warranties so the
above disclaimer may not apply to the extent such jurisdiction's law
is applicable to this agreement.
You understand and agree that Company limits its liability in connection with your use of the Web Site as set forth below:
Neither Company nor the Affiliates
are responsible for any damage to any user's computer, hardware, software,
cell phone, modem or other equipment or technology including, without
limitation, damage from any security breach or from any virus, bugs,
tampering, fraud, error, omission, interruption, defect, delay in operation
or transmission, computer line or network failure or any other technical
or other malfunction.
Under no circumstances shall Company
and the Affiliates or the directors, officers, employees, or other representatives
of each of them (collectively, the "Company Entities and Individuals"),
be liable to you for any loss or damages of any kind (including, without
limitation, for any direct, special, indirect, incidental, exemplary,
consequential, economic or punitive damages), that are directly or indirectly
related to: (1) this Web Site and its Content, Software or Your Upload
Information; (2) the use of, inability to use, or performance of the
Web Site (3) any action taken in connection with an investigation by
Company or law enforcement authorities regarding your use of the Web
Site or Content; (4) any action taken in connection with copyright owners;
or (5) any errors or omissions in the Web Site's technical operation,
even if foreseeable or even if Company or the Affiliates have been advised
of the possibility of those damages whether in an action of contract,
negligence, strict liability tort (including, without limitation, whether
causes in whole or in part by negligence, acts of god, telecommunications
failure, or theft or destruction of the Web Site). In no event will
Company Entities and Individuals be liable to you or anyone else for
loss or injury, including, without limitation, death or personal injury.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. Notwithstanding any other provision in these terms, under
no circumstances will the Company Entities and Individuals be liable
to you for any reason related or any cause of action whatsoever in an
amount greater than fifty dollars ($50).
Your access to and use of this Web
Site is at your risk. If you are dissatisfied with the Web Site or any
of the Content, your sole and exclusive remedy is to discontinue accessing
and using the Web Site or the Content.
You recognize and confirm that in the
event you incur any damages, losses or injuries that arise out of Company's
acts or omissions, the damages, if any, caused to you are not irreparable
or sufficient to entitle you to an injunction preventing any exploitation
of any Web Site, property, product, program, other audio/visual content
owned or controlled by Company and/or its Affiliates or Your Upload
Information, and you will have no rights to enjoin or restrain the development,
production, distribution, advertising, exhibition or exploitation of
any Company Web Site, property, product, program, other audio/visual
content or Your Upload Information or any and all activities or actions
related thereto.
By accessing this Web Site, I understand
that I may be waiving rights with respect to claims that are at this
time unknown or unsuspected, and in accordance with such waiver, I acknowledge
that I have read and understand, and hereby expressly waive, the benefits
of section 1542 of the civil code of California, and any similar law
of any state or territory, which provides as follows: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor."
No Personal Advice
This Web Site, its Content (including
any information provided by users) is for informational and entertainment
purposes only and is not intended to replace or substitute for any professional
financial, medical, legal, tax, or other advice. In addition to the
"Disclaimer/Limitation on Liability" paragraph above, the
Company Entities and Individuals make no representations or warranties
and expressly disclaim any and all liability concerning any treatment
or action by any person following the information offered or provided
within or through the Web Site. If you have specific concerns or a situation
in which you require professional, medical, legal, or financial advice,
you should consult with an appropriately trained and qualified specialist
in that field.
If you are in a life-threatening or
emergency situation, please contact the appropriate authorities or crisis
intervention service providers in your local area for immediate assistance
(e.g. Call 911). We encourage you to reach out for help, and hope that
your matter is resolved in a manner that is best for all parties involved.
A list of crisis help lines and service providers can be found in your
phone book, or contact any of the organizations listed below:
* National Suicide Hotline 800-273-TALK (800-273-8255)
* National Domestic Violence Hotline 800-799-SAFE (800-799-7233)
* National Child Abuse Hotline 800-4-A-CHILD (800-422-4453)
* If you need help
finding mental health services and support in your community contact:
National Mental Health Association Information Center: nmha.org
DISCLAIMER:
Although the experts you come in contact
with in the Expresshelpline site, may provide information and answers
on multiple topics (such as medical, legal, financial, etc.,), Expresshelpline
neither endorses nor guarantees that the information provided by them
is correct or relevant. The site and services are provided "as
is" with no warranty, and no representations are made regarding
the qualification of an expert. You acknowledge that any information
you obtain from experts you contact through the Expresshelpline service
comes from those individuals, and not from Expresshelpline, and that
Expresshelpline is not in any way responsible for any of the information
these third parties may supply. Information provided by experts in this
site are of a general nature and cannot substitute for professional
advice (in areas such as medical, legal, or financial). For anything
important, promptly seek and follow the advice of a qualified professional
(in medical, legal, or financial). If you are in a life-threatening
or emergency situation, please contact the appropriate authorities or
crisis intervention service providers in your local area for immediate
assistance.
Indemnification
You agree to indemnify, defend and
hold harmless the Company Entities and Individuals from and against
any actual or alleged claims, demands, causes of action, investigations,
settlements, judgments, damages, losses, liabilities, and all costs
and expenses of defense (including, without limitation, reasonable attorneys'
and other legal fees and costs) arising out of or relating to: (1) your
use of the Web Site; (2) your violation of these Terms or any law, rule
or regulation; (3) your use of the Content; or (4) or Your Upload Information.
You will cooperate as fully and reasonably as required by Company or
the Affiliates in the defense of any claim. Company reserves the right
to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim
without the prior written consent of Company.
Third Parties/No Endorsement
Certain areas of the Web Site may allow
you to conduct transactions or purchase goods or services from or through
a third party. Also, third party advertisers may offer goods, services
and other materials to you on the Web Site. You should be aware that
Content provided by third parties might contain errors, omissions, inaccuracies,
outdated information, and inadequacies and that the Content may be subject
to terms and conditions, which may be found in the documents and policies
of third parties. We make no representations or warranties as to the
completeness, accuracy, adequacy, currency or reliability of any Content
and will not be liable for any lack of the foregoing.
This Web Site may also provide hyperlinks
to third-party web sites ("Third Party Sites"). Third parties
and Third Party Sites may have different privacy policies, terms and
conditions and business practices than we do. We do not endorse, verify,
make any representations, or take responsibility for the content, truthfulness,
accuracy, quality or completeness of the content or activities conducted
on any Third Party Sites.
Your correspondence and business dealings
with others found on or through the Web Site including, without limitation,
the payment and delivery of services, and any terms, conditions, warranties
and representations associated with such dealings, are solely between
you and the third party. Further, under certain circumstances, we may
permit third party users to upload content, in which event you may be
exposed to offensive, indecent or objectionable content. Any complaints,
concerns or questions you may have relating to materials provided by
third parties should be forwarded directly to the third party.
You agree that Company and the Affiliates
will not, under any circumstances, be responsible or liable, directly
or indirectly, for any goods, services, resources or content available
through any third party dealings or communications, or for any harm
related thereto, or for any damage or loss caused or alleged to be caused
by or in connection with your use of or reliance on the content, advertising,
or business practices of any third party. Reference on the Web Site
to any product, process, publication or service of any third party by
trade name, domain name, trademark, trade identity, service mark, trade
identity, logo, manufacturer or otherwise does not constitute or imply
its endorsement or recommendation by Company or the Affiliates. Users
are requested to inform Company of any errors or inappropriate material
found on Third Party Sites to which this Web Site is or may be linked.
Linking To the Web Site
If you link to this Web Site, the link
must be in plain text, unless otherwise pre-approved in writing by Company.
The link to this Web Site must not damage, dilute or tarnish the goodwill
associated with any Company names or any other Company intellectual
property, nor may the link create the false appearance that your web
site or organization is sponsored, endorsed by, Affiliated or associated
with Company or its Affiliates. You may not "frame" or create
a border around this Web Site or alter its intellectual property or
Content in any way. You may not link to the Web Site from a site that
is unlawful, abusive, indecent or obscene, that promotes violence or
illegal acts, that contains expressions of racism, that is libelous,
defamatory, scandalous, or inflammatory or is other inappropriate (in
Company's sole discretion). Company reserves the right, in its sole
discretion, to terminate a link with any web site that it deems inappropriate
or inconsistent with this Web Site or these Terms.
Promotions
This Web Site may contain or offer
promotions, which may be governed by a separate set of rules that describe
the promotion and may have eligibility requirements, such as certain
age or geographic area restrictions. It is your responsibility to read
those rules to determine whether or not your participation, registration
or entry will be valid and to determine the sponsor's requirements of
you in connection with the applicable promotion.
Location
Company operates this Web Site in the
United States. Information contained on this Web Site may not be appropriate
or available for use in other locations, and access to this Web Site
where the content of the Web Site may be illegal is prohibited. If you
access this Web Site from other locations, you do so on your own initiative
and you are solely responsible for compliance with applicable laws.
These Terms will be construed and enforced in accordance with the laws
of the State of California, without regard to its conflicts of law principles,
and specifically will not be governed by the United Nations Conventions
on Contracts for the International Sale of Goods, if otherwise applicable.
Any cause of action filed by you with respect to the Terms or any Additional
Terms or your use of this Web Site must be filed in the County of Santa
Clara, State of California within ninety (90) days after the occurrence
of the facts giving rise to the cause of action, otherwise the cause
will be forever barred. You hereby consent and submit to the exclusive
jurisdiction and venue of the courts located in the County of Santa
Clara, State of California for any cause of action arising under these
Terms or related to the Web Site.
Termination
You understand and agree that Company
will determine your compliance with these Terms or Any Additional Terms
in its sole discretion. Company reserves the right to deny access to
all or part of the Web Site to any person in its sole discretion. Any
violation of these Terms or any Additional Terms may be referred to
law enforcement authorities. Upon termination of your user account or
access to the Web Site, or upon demand by Company, you must destroy
all materials obtained from this Web Site and all related documentation.
Miscellaneous
You are solely responsible for compliance
with applicable laws, rules, and regulations in connection with your
use of the Web Site, the Content, the Software and Your Upload Information,
including, without limitation, those governing your transmission or
use of any software or data. These Terms and any applicable Additional
Terms contain the sole and entire agreement between the parties with
respect to the Web Sites, the Content, the Software and Your Upload
Information and supersede any and all other prior written or oral agreements
between them. You agree that these Terms or any Additional Terms will
not be construed against Company by virtue of having drafted these Terms.
If any provision of these Terms or any Additional Terms is found to
be invalid by any court having competent jurisdiction, the invalidity
of such provision will not affect the validity of the remaining provisions
of these Terms or any Additional Terms, which will remain in full force
and effect. No waiver of any of these Terms or any Additional Terms
will be of any force or effect unless made in writing and signed by
a duly authorized officer of Company. The section titles in these Terms
are for your convenience only and do not have any legal or contractual
effect.
Contact Us
If you have any questions, comments
or concerns about our Web Site or these Terms of Use, you may contact
our Legal Department at email address "legal at expresshelpline
dot com", or via postal mail at:
Attn: Legal Department
Expresshelpline, Inc.
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