In order to maintain a safe and trusted marketplace – www.hlthe.com – and all related and affiliated websites (the “Site”) and to avoid use of the Site for unauthorized or unintended purposes, we require you and all other users of the Site (each, a “User”) to agree to and comply with certain terms and conditions and policies, including the following (collectively referred to as “Terms”):
These Terms set forth the acceptable and prohibited uses of our Site and are in addition to the other Terms of Service. By accessing the Site or using any of the Site Services after the effective date, you agree to these Terms. You are also independently responsible for complying with all applicable laws related to your use of the Site or the Site Services whether or not covered by the Terms.
Effective Date: July 1, 2018
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in listings, proposals, hlthe messages, communications with customer service or disputes, the community forum, and in feedback.
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
Seeking, offering, or endorsing any services that would violate hlthe’s Terms of Service or the terms of service of another website or any other contractual obligations;
Seeking to circumvent payment of fees that are owed to hlthe;
Fraudulently billing or attempting to fraudulently bill any Member, including by falsifying or manipulating or attempting to falsify or manipulate a document for service, procedures, or products;
Posting content that is harassing towards another person or violates the rights of a third party;
Posting identifying information concerning another person;
Making or demanding bribes;
Making or demanding payments without the intention of providing a listed item;
Spamming other Users;
Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
hlthe makes the Site and Services available for Providers, Donors and Recipients to find one another, enter into transactions, and make and receive payments through hlthe’s third party payment processor. Users are expected to use the Site and Services for their intendedpurposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
Misrepresenting an item’s identification number, serial number, warranty status, or other information;
Impersonating any person or entity, including, but not limited to, a hlthe representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Falsely attributing statements to any hlthe representative;
Allowing another person to use your account, which is misleading to other Users;
Falsely stating or implying a relationship with hlthe or with another company with whom you do not have a relationship; and
Falsely stating or implying a relationship with another User.
hlthe may, in its sole discretion, block, suspend or prohibit the following Uses of the Site:
Any fundraising which hlthe determines may be fraudulent or otherwise is not permitted by these Terms.
Any fundraising for a family member which hlthe determines is designed solely to obtain a tax advantage for the Donor.
Any fundraising for an individual which shall be required by a Donor as a condition of making a contribution through the Site.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
If you become aware of any violation of these Terms, you must immediately report it to hlthe at www.hlthe.com You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.
All pages within this Website and any information, material, content, and services made available on or through the Website are provided subject to your agreement with the Terms and Conditions set forth below.
If you are not 18 years of age, you are not permitted to use this Website and must exit now.
hlthe does not make any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Website or any content or information contained within it. Website content may be changed or updated without notice. hlthe reserves the right to modify Website content without any obligation to notify past, current, or prospective Website users. You are responsible for the accuracy of information that you submit to us via this Website. We have no obligation or liability for any information that is not accurate.
You may view material from the Website for your own personal use or the use of your business or organization. You may not download, reproduce, or otherwise distribute any materials on this Website without our prior express written consent and/or the consent of any third-party copyright owner.
The Website and its content are the property of hlthe, its affiliates, or its third-party sources and vendors. The Website and its content are protected by federal and international copyright and trademark laws. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law. "hlthe" and the logo are trademarks and service marks of hlthe. Any unauthorized use of any trade dress, trademarks, or any other intellectual property belonging to hlthe or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.
hlthe cannot and does not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. hlthe cannot and does not guarantee or warrant that this Website will be free of infection by viruses, worms, trojan horses, or other malicious code. hlthe does not warrant or guarantee that the functions or services performed in the Website will be uninterrupted or error-free or that defects in the Website will be corrected. This Website is provided “As Is”, with all faults, with no representations or warranties of any kind, either expressed or implied, and disclaims all such warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non infringement, and all warranties arising from a course of dealing or usage in trade.
hlthe makes no warranty or representation regarding the results that may be obtained from use of this Website, or use of material, information, or data obtained from this website, or regarding the accuracy or reliability of any information obtained from this Website.
You assume total responsibility and risk for your access or use of the internet and this Website. You acknowledge and agree that your use of this Website and any material, information, or data obtained through the use of this Website is at your own discretion and risk.
Neither hlthe, its affiliates, nor their respective officers, directors, employees, or agents are responsible or liable to you under any theory of liability or indemnity in connection with your access or use of the Website or any of its content or services.
Furthermore, neither hlthe, its affiliates, nor their respective officers, directors, employees, or agents are or will be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind arising out of or relating in any way to the Website and/or any content on the Website, whether such damages are based in tort, contract, negligence, strict liability, or otherwise. Some states do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you.
Effective Date: July 1, 2018
Users of the Site and Site Services may be Donors (anyone utilizing the hlthe platform to donate hlthe currency) or Recipients (anyone utilizing the hlthe platform to accrue hlthe currency), or both.
Personal Information: In the course of using the Site (whether as a Donor or Recipient), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, and phone number.
Payment Information: If you use the Site to make or receive donations or payments, we will also collect certain payment information, such as MSTS account information, credit card, or other financial account information and billing address.
Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that hlthe has collected Personal Information from your child, please contact us at: firstname.lastname@example.org.
Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Site, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from registered and non-registered users (“hlthe Users”). We consider usernames to be Non-Identifying Information. Usernames are made public through the Site Services and are viewable by other hlthe Users.
Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but hlthe will treat the combined information as Personal Information.
We may automatically collect certain information from you whenever you access or interact with the Site. This information may include, among other information, the browser and operating system you are using, the URL, the search terms you entered into a search engine that led you to the Site, areas within the Site that you visited, and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Site. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Site, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Site.
Cookies: Like many websites, we and our affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the hlthe Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Site, to better understand how hlthe Users interact with the Site and to monitor aggregate usage by hlthe Users and web traffic routing on the Site). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Site Services.
Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Site.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, hlthe does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
You may have the opportunity to create a profile, which consists of information about you as an individual, and your company, and may include company information, photographs, information on transactions previously performed via the Site, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all hlthe Users and the general public subject to the privacy choices you make within your hlthe Profile. You may edit certain information in your Profile via your account. If, in any case, you believe that an unauthorized profile has been created about you or your company, you can request for it to be removed by contacting us at https://hlthe.helpscoutdocs.com.
We may display personal testimonials of satisfied customers on our Site, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at https://hlthe.helpscoutdocs.com.
To provide and improve the Site and Site Services, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;
To contact you with administrative communications and hlthe newsletters, marketing or promotional materials (on behalf of hlthe or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below;
To tailor content we display to you and offers we may present to you on the Site;
To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
To enforce and comply with the law, including conducting an investigation, to protect the property and rights of hlthe or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify hlthe Users; and
Unless you request that we delete certain information (see Changing Your Information or Closing Your Account below), we retain the information we collect for at least 5 years and may retain the information for as long as needed for our business and legal purposes.
Information about Recipients and Donors: We share information regarding Recipients and Donors with Recipients and Donors.
Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of hlthe’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
Legal and Investigative Purposes: hlthe will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of hlthe or a third party,to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify hlthe Users, and may do so in cooperation with third parties at our discretion.
Internal and Business Transfers: hlthe may share information, including Personal Information, with its affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Sweepstakes, Contests and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
hlthe works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Site, including pages viewed and the actions taken when visiting the Site; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Site and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Site as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Site or other online websites and services. We may also share certain Non-Identifying Information with these parties in connection with the services they provide to us.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit https://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or https://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. Please note that opting out through these mechanisms does not opt you out of being served advertising, and you will continue to receive generic ads while online.
Registered hlthe Users may update their choices regarding the types of communications you receive from us through your online account. You also may opt out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt out from receiving marketing communications. You may opt out of receiving text messages by replying “STOP” to any text message received. Registered hlthe Users who access the Site by using an hlthe mobile application may, with permission, receive push notifications. Similarly, registered hlthe Users who access the Site by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
Upon request hlthe will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting hlthe through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Site and Site Services. If you would like us to delete your account in our system, you can do so through the hlthe Site Services (once you logged in, visit settings/ user settings, and then click on the close my account link). We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your account, including information in your Work Diaries and messages you posted to the Service. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor hlthe can delete all copies of information that has been previously shared with others on the Site.
hlthe takes commercially reasonable steps to help protect and secure the information it collects and stores about hlthe Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information (such as tax identification number), we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our hlthe Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, hlthe cannot ensure and does not warrant the security of any information you transmit to us.
hlthe is a United States company. The Site and Site Services are not to be used by persons outside of the United States.
Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
The profile you create on our site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to hlthe. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be hlthe, please report it at https://hlthe.helpscoutdocs.com.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: email@example.com.
You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.