Summary of these Terms of Service in Plain English
Welcome! We provide you with permission to use the HelpSeeker Inc. website and the supporting software (collectively, the “Services”), provided that you accept responsibility for using the System lawfully, and that you will not file a claim against us for anything that happens to you as a result of using the Services.
Our Services include access to third party data over which we have no control and for which we accept no responsibility. We have access to a public database that we enhance with data from our proprietary database. The presentation and unique attributes of this amalgamated database that are not in the public domain belong to us, and we don’t make any guarantee as to the accurateness of information that is provided by others. We have spent resources and time to produce a database in a usable format for the purpose of helping you find or communication what you need, and this compilation is our intellectual property, and as such, we have rights to this compilation that are enforceable.
We are not responsible for any damages to you or others for damages caused by the use of the Services. Use of the Services is your choice, and the Services may not work perfectly all the time. Any information that you share or input into the Services belongs to you, but we have a right to analyze data trends across our user base. Information that is in the Services will not be traced to you as an individual, and we will not share any personal information that has been inputted into the Services unless we are required by law. Some levels of Services use will require a subscription payment before you are given access.
1. Who we are
1.1 The services
HelpSeeker Inc. website and domains, including www.HelpSeeker.org, and all of the webpages, subdomains, country level variants and subparts of those websites (collectively, our “Website”), all of the services available on or through the Website or otherwise provided by us (including our application programming interfaces), and all of our mobile applications (collectively, the “Application”), and our analytics software that integrates with our proprietary database (“Software”), are offered, maintained and provided by HelpSeeker Inc. We refer to all of these as our “Services”.
HelpSeeker Inc. provides an all-in-one digital solution to connect those in need of assistance with programs and resources for: housing, shelters, domestic violence, recreation, counselling, parenting, mental health, addictions, and education. We refer to the entities that provide these social services and their clients, and that either use our Services on a subscription basis (“Subscribers”) or that simply access our Application to locate service providers, collectively as “Users” or “you”. Entities that display their Content (defined in Section 11) on the Website are referred herein as “Clients” or “Client” and are distinct from individuals who may browse the Services from time to time.
1.2 Contracting party
For the purposes of these Terms of Service (“Terms”), HelpSeeker Inc. shall be referred to as “HelpSeeker”, “us”, “we”, or “our”)
2. Terms of service
The following sets forth the terms and conditions upon which you may use the Services. By accepting the Terms and using the Services in any manner, you agree to these Terms without modification and enter into a binding contract with HelpSeeker. If you do not agree to these terms and conditions, in whole or in part, do not use the Services. These Terms apply to all users, including but not limited to, individuals seeking information on social services, organizations that wish to attract clients to their services, and funders that provide support funding for costs associated with providing the Services.
3. Term and termination
These Terms are effective upon your acceptance as set forth under Article 2 above and continue in effect until terminated. We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
4. Modification to terms, application and prices
HelpSeeker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof, including, but not limited to, the HelpSeeker’s pricing) with or without notice. Modifications to these Terms will be posted to our Website with a change to the “Updated” date at the top of these Terms. It is your responsibility to check these Terms periodically for modifications. Your continued use of the Services following the effectiveness of any modifications to these Terms constitutes acceptance of those modifications as well. If any modification to these Terms is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.
5. Public information disclaimer
The services provide a database of public records and publicly available sources of information aggregated for your convenience, including but not limited to social service agencies, programs, addresses, and phone numbers (“public information”). this public information is made available to you through the services for informational purposes only. it is not intended to provide medical or professional advice whatsoever and should not be relied upon in that aspect. information provided is not a substitute for professional advice. if you feel that you may need medical advice, please consult a qualified health care professional.
HelpSeer does not verify Public Information or any other content displayed on the Website or Application and does not warrant or guarantee that the results provided will be accurate and up to date and, consequently, HelpSeeker shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or the availability or unavailability of the Services or Content (as defined in Section 11). HelpSeeker does not make any representation or warranty as to the character or integrity of the person, business, or entity that is displayed on the Website or Application, or that may be subject to any searches. HelpSeeker Reserves the right to delete any information from its databases at any time.
You agree to rely on the Public Information, and any other Content, available through the Services at your own risk.
6. Third party disclaimer
The Service may contain links to third-party web sites or services that are not owned or controlled by HelpSeeker Inclusion of any organization and information about its programs and services on the Website does not imply endorsement by us nor does the exclusion indicate lack of endorsement.
Links to other websites are provided to help users locate other Internet resources that may be of interest. Parties other than HelpSeeker independently developed these other websites and therefore HelpSeeker does not assume responsibility for the content of any third party website, nor does it make any representation or warranty of any kind regarding third party websites, including, without limitation, (i) regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third party websites, (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.
In providing links to other websites, HelpSeeker is not acting as a publisher or disseminator of the material contained on these other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that HelpSeeker is associated with or is legally authorized to use any trademark, trade name, logo, or copyrighted symbol that may be reflected in the link or the description of the link to such websites. In addition, the mention of another party or its products or services on the Website should not be construed as an endorsement of that party or its products or services. You acknowledge and agree that HelpSeeker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7. Technology disclaimer
HelpSeeker makes no guarantees, representations or warranties of any kind as regards the Website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Services is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
HelpSeeker its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
8. User feedback disclaimer
Where our Services enable you to communicate with HelpSeeker and/or other Users of the Services, or provide feedback on programs and services related to Clients, you may not use the Services to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring HelpSeeker or the Services into disrepute. Although HelpSeeker reserves the right to monitor, edit, review or remove discussions, feedback, chats, postings, transmissions, bulletin boards and similar communications on the Services from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on the Services nor for any error, omission, infringement, defamatory statement, obscenity, illegality or inaccuracy contained in any such information.
9. Availability, updates and inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Website, however, we do not guarantee the accuracy, availability, or completeness of any information on our Website and available through the Services, including addresses and contact information of third parties, product images, and specifications. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available through our Services may have an error regarding the prices, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Website and in our advertising on other websites.
HelpSeeker shall use commercially reasonable efforts to make the Services available on a 24×7 basis (twenty-four hours per day, seven days per week) during the Subscription Term, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by HelpSeeker, or (ii) for any unforeseen cause beyond HelpSeeker’s reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Agreement. HelpSeeker will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its Services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Software. HelpSeeker further reserves the right to monitor and reasonably restrict your ability to use the Services if you are using excessive computing resources which are impacting the performance of the Services for other subscribers. HelpSeeker agrees to notify you in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or workaround solution.
If you are a Subscriber, HelpSeeker shall maintain the Software and/or Services and provide all patches and fixes to the Software and/or Services at no additional cost. Provided, however, such maintenance shall not include any major releases of new versions of the Software, additional functionality, or custom programming, which HelpSeeker, at its discretion, may provide at an additional cost as otherwise agreed between the parties.
11. Client content
Our Service allows Clients to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Clients are responsible for the Content that is posted to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, the Client grants us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. The Client retains any and all rights to any Content that is submitted, posted or displayed on or through the Service and the Client is responsible for protecting those rights. This license includes the right for us to make Client Content available to other Users of the Service, who may also use Client Content subject to these Terms.
The Client represents and warrants that: (i) the Content is owned by the Client or the Client has the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of Client Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
The Client acknowledges that, by providing the Client with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.
12. Your accounts
Subscribers that create an account with us must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that is used to access the Service and for any activities or actions under your password, whether the password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than yours without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
13. Prohibited uses
You are prohibited from posting or transmitting on or through the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profile material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting on or through the Services any information which (a) infringes the rights of others or violates their privacy or publicity rights or (b) is protected by copyright, trademark or other proprietary right, unless with the express written consent of the owner of such right.
Furthermore, you may not, nor may you allow others to, directly or indirectly:
- use the Services in any manner that could damage, disable, overburden or impair it;
- use the Services or its content for commercial or philanthropic prospection purposes (including by the use of unsolicited commercial email or SPAM);
- interfere with the security of, or otherwise abuse, the Services or any services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliated or linked websites;
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application, the Website or HelpSeeker’s Services or make available to any third party;
- copy of use the Application for any purpose other than as permitted under Section 12;
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer the Website or Application;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of HelpSeeker, or its affiliates, suppliers, or the licensors of the Website and Application;
- disrupt or interfere with any other person’s use or enjoyment of the Services or affiliated or linked websites;
- upload, post or otherwise transmit on the Services any items, including, without limitation, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive, files or computer programs; or
- use any robot, spider, or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services, Website or the content in whole or in part.
You agree that you are solely responsible for all your actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable laws concerning the use of or activities on the Services in respect of the Content. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Website.
14. Ownership & limited license
The Services and the manner in which the supporting database is organized and presented are protected by copyright law and are owned by HelpSeeker. The Website, Application, Software and each related design is the property of HelpSeeker. HelpSeeker grants to each User a revocable, limited, non-transferable and non-exclusive license to access, view and use (display or print) a reasonable number of search results for their own person, non-commercial use, provided the information is not modified and that all copyright, trademark and other notices contained in the Services are maintained. None of the information may be otherwise reproduced, republished or re-disseminated in any manner or form without the express prior written consent of HelpSeeker or its affiliates, as the case may be.
If you are Subscriber, HelpSeeker grants to you and you accept, a limited, non-exclusive, non-transferable right to access and use the Software solely for your internal business use for the term of your subscription. The Software shall not be used by you for, or on behalf of, third parties that are not authorized under this Agreement. You shall use your best efforts to ensure that the Software is used in accordance with these Terms. Your right to use the Software will be web-based only pursuant to these Terms and the Software will not be installed on any servers or other computer equipment owned or controlled by you or otherwise provided to you.
Use of Data from Analytics Dashboards
In connection with your use of the Service, you may have access to data analytics dashboards that disclose information related to local programs and services that are displayed on the Service (“Data”). You acknowledge and agree that Data generated from the Service is owned exclusively by HelpSeeker and HelpSeeker hereby grants you a limited, non-exclusive, non-transferable license to such Data for non-commercial purposes.
The taxonomy used to index and populate the Services, including definitions of terms, contains information licensed under the Open Government License – Canada, which can be found at https://open.canada.ca/en/open-government-license-canada.
15. Intellectual property
The Service and all contents, including but not limited to text, images, graphics or code are the property of HelpSeeker or third parties and are protected by copyright, trademarks, database and other intellectual property rights. While certain trademarks of third parties may be used by us under license, the display of any such marks or names on the Services does not imply that HelpSeeker or other entities have granted a license or authorization of any kind.
You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of HelpSeeker or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
You acknowledge that all right, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “HelpSeeker IP”), is, and at all times shall remain, the sole and exclusive property of HelpSeeker. The HelpSeeker IP contains trade secrets and proprietary information owned by HelpSeeker and is protected by copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software. You shall not attempt, or directly or indirectly allow any User that is using the Services on your behalf or authorized by you, or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
16. Limitation of liability
HelpSeeker, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section (“Limitation of Liability”) is an essential part of the Terms.
If you are a subscriber, helpseeker warrants that it has the power and authority to grant the subscription for the services granted to you hereunder. Except for the warranty set forth herein, the services are provided “as is,” and helpseeker disclaims any and all other warranties, express or implied, including without limitation any implied warranties of merchantablity or fitness for a particular purpose.
If you are a Subscriber, you represent that you accept sole and complete responsibility for: (a) the selection of the Services to achieve your intended results; (b) use of the Services; and (c) the results obtained from Services. HelpSeeker does not warrant that your use of the Services will be uninterrupted or error-free. You shall not assert any claims against HelpSeeker based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and you shall defend HelpSeeker from any demand or claim, and indemnify and hold HelpSeeker harmless from any and all losses, costs, expenses, or damages, including reasonable legal fees, directly or indirectly resulting from your use of the Services. To the maximum extent permitted by applicable law, in no event shall helpseeker be liable for any special, incidental, indirect, consequential, punitive, exemplary or damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the services, whether based upon contract, warranty, tort, negligence, strict liability or otherwise, even if helpseeker has been advised of the possibility of such damages. In any event, under no circumstances shall HelpSeeker be liable for any loss, costs, expenses, or damages to you in an amount exceeding the subscription fees actually paid to HelpSeeker by you for the previous twelve (12) months.
You agree to indemnify, defend and hold harmless HelpSeeker, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands, including reasonable legal and accounting fees, resulting from: (a) your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
HelpSeeker provides a platform in which social service providers and individuals seeking social services can connect. However, HelpSeeker could not function if it were held responsible for the actions or inactions of you, Clients, individuals and/or third parties both on and off the Services. Therefore, for HelpSeeker permitting you to access and use the Services, you hereby release HelpSeeker, and its affiliates and subsidiaries, and each of its respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or listing contained within the Services. In addition, you waive any applicable law or statute, which says, in substance:
“A general release does not extent to claims in which the releasing party does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the released party.”
19. Non-waiver of rights
If you breach any of these Terms and HelpSeeker chooses not to immediately act, or chooses not to act at all, HelpSeeker will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. HelpSeeker does not waive any of its rights. HelpSeeker shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
21. Opt-out policy for public information
The Services provide a database of public records and publicly available sources of information aggregated for your convenience. Upon request, HelpSeeker can suppress, remove, or delete the contact information for which HelpSeeker has control over through being displayed through the Services. To suppress, remove, or delete your information from the Services, you need to be the person associated with the applicable name, address, or phone number, or be legally authorized to act on behalf of that person or entity. We endeavor to make changes within 72 hours of receipt of your opt-out request.
Please refer to the Contact section of the Website for phone, email addresses and other ways to contact us, https://helpseeker.org/
You understand that your opt-out request will only suppress contact information available directly through the Services, and cannot remove information from third-party sources for which HelpSeeker does not control. We do not warrant that a request for a removal of or change to contact information will result in removal of or change to all of your information from the Services. Further, we are not responsible for informing any third-party of any changes you may request pursuant to these Terms, and we cannot remove or cause to be removed information from the databases or records of any third-party.
Governing Law. These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Alberta and the laws of Canada, as applicable.
Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.
Notices. Any notice or other communication required or permitted under this Agreement shall be in writing and shall be sent to the addresses listed on our Website, either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested
Force Majeure. HelpSeeker will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond HelpSeeker’s reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a utility service or transport or telecommunications network.
Survival. Any provision within these Terms that, by its nature, is intended to survive the termination of this Agreement, shall survive the termination of this Agreement.
Further Assurances. The parties hereby covenant that they shall from time to time and at all times hereafter do and perform all such acts and things and execute all such deeds, documents and writings as may be required to give effect to the true intent of this Agreement.
No Assignment. Neither party may assign this Agreement or its obligations hereunder without the prior written consent of the other party. The respective rights and obligations provided in this Agreement will bind and inure to the benefit of the parties, their legal representatives, officers, directors, and employees, and successors and permitted assigns.
Inurement. Subject to the other provisions of this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties and their respective affiliates, subsidiaries, heirs, executors, administrators, successors and permitted assigns
23. Contact us
We value your use of the Services and welcome any questions or comments you might have about the Website, these Terms, or any of the products or services offered by HelpSeeker. Please refer to the Contact section of the Website for phone, email addresses and other ways to contact us.