TERMS OF SERVICE and LICENSE AGREEMENT
Helen’s Page (or “we”) provide a license by which Authorized Users and Subscribers can access the “Helen’s Page” web site, a platform designed to allow like-minded individuals to share information and offers of goods and services.
In order to obtain access to Helen’s Page and become an Authorized User or an Advertiser (also known as “Subscriber”), you must agree to comply with the terms and conditions set forth herein.
a) Access to Helen’s Page is made through a non-exclusive, non-transferable license. Advertisers (Subscribers) pay the fee associated with your selected package per month, which will be billed to your credit card or PayPal account on an automatic monthly basis.
b) The subscription (also referred to as a “license”) will continue and renew automatically unless and until it is ended by either of us in accordance with the provisions of Section 4 (“Cancellation”) and Section 5 (“Acceptable Use Policy”).
c) Subscribers must provide an authentic email address through which administrators at Helen’s Page can contact you.
d) A failure of payment will result in termination of the license and Subscriber access to Helen’s Page.
2) Contractual Agreement Generally
By subscribing to or accessing Helen’s Page, you agree to be contractually bound by these Terms of Service (the “TOS”). If you agree to the TOS and register as an Advertiser (Subscriber), you will be given a User account. If you do not agree to the terms and conditions contained in the TOS you may not access or otherwise use Helen’s Page or any information contained herein.
3) Representations and Warranties
a) You affirm that you are over the age of 18 and have express authorization to make charges to the credit card or Pay Pal account you use to register.
b) User names and passwords are assigned to individuals and not organizations. These User Names and passwords may not be shared with anyone else, and when creating your User account, you must provide accurate and complete information, and you may only maintain a single account.
c) You must notify us immediately of any breach of security or unauthorized use of your account.
d) You agree to abide by the “Acceptable Use” policy detailed below.
e) You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of Helen’s Page.
f) You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of Helen’s Page or its contents.
g) You may not use Helen’s Page for: any unlawful purpose; to harvest or aggregate information about visitors to Helen’s Page without their express consent; or to utilize Helen’s Page to share or transmit any file which contains software viruses, or other harmful computer code or programs.
h) If we change the subscription price, we will inform you of this with at least 30 days’ notice so that you can choose whether or not to cancel your subscription. You will continue to have access to Helen’s Page until you cancel your subscription.
i) We reserve the right with sole discretion at any time to change the TOS; change the design of Helen’s Page; to cancel any Authorized User’s access for violations of the TOS; or to comply with any legal requirements in our interest.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOODS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH HELEN’S PAGE; ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.
HELEN’S PAGE MAKES NO REPRESENTATIONS OR WARRANTIES, WRITTEN OR ORAL OR EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY OR MERCHANTABILITY.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF HELEN’S PAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a) You may cancel your license at any time and for any reason by contacting Helen’s Page at the subscriptions page or address. You will continue to have access through the end of the calendar month for which you have already been billed.
b) In the event that you cancel. we cannot refund any “unused” portion of already paid for periods.
c) We reserve the right to unilaterally and without notice cancel your subscription if we believe that you have violated this TOS and/or the “Acceptable Use Policy.”
d) In the event that we cancel your license pursuant to Section 4(c), we will refund a pro-rated amount for any “unused” portion of already paid for periods.
5) Acceptable Use Policy
While Helen’s Page is founded upon the notions of a censorship-free exchange of ideas and providing an opportunity for like-minded people to interact, there are some activities that we cannot allow, and the following are prohibited:
a) Transmission of obscene or pornographic material;
b) Offers of “adult services”;
c) Offers to sell or trade firearms;
d) Offers to provide non-FDA approved substances of a medical nature;
e) Offers to provide property rental or sales that do not conform with The Fair Housing Act;
f) Solicitations for activities that are designed to deprive others of constitutional rights based on race, creed, religion, or sexual orientation;
g) Transmitting, sharing, or offering material that infringes the intellectual property rights of others; and
h) Solicitation or offers of an unlawful nature.
i) Job or other listings that would violate state or federal antidiscrimination law.
j) If you believe that any ad or listing violates state or federal antidiscrimination law, or other applicable law, please contact Helen’s Page management at the support email and ask us to review it.
a) Any controversy or claim between the parties arising out of or relating to the agreement, or any alleged breach thereof, shall be governed by the laws of the State of Tennessee, USA and sole remedy shall first vest in good faith negotiation between the parties, and if no mutually agreeable resolution is found within twenty-one (21) days;
b) The parties are limited in recourse to arbitration through JAMS Optional Expedited (“Fast Track”) Arbitration Procedures in accordance with the Commercial Arbitration Rules of the American Arbitration Association, at a JAMS location nearest Knoxville, Tennessee.
c) The Parties agree that judgement upon any award, including but not limited to default judgement or attorney’s fees, rendered by the arbitrator(s) may be entered in any court having jurisdiction over any of the Parties;
d) Notwithstanding the recourse described in Section 6(b), the Subscriber understands and agrees that:
3. If such injunctive relief is granted, Subscriber shall be liable for attorney’s fees, court costs, and other liquidated administrative expenses incurred in obtaining such a judgment, including but not limited to enforcement of said judgement or appeals of any such judgment.