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Please read these terms of service very carefully before registering for the YesHelp web site, any mobile application and the YesHelp service (collectively the “Service”). These terms of service (“Agreement”) govern you accessing content and using www.yeshelp.org and its affiliate’s web sites and mobile applications. This Agreement between you (“you”) and YesHelp, is subject to change by us as described below. By clicking the “I Accept” button below, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and YesHelp. YesHelp aims to better the lives of displaced individuals and families by helping them connect with communities, support and volunteers around the globe.
1. This Service is owned and operated by YesHelp (referred to as “YesHelp” herein). The Service and any content (“Content”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by YesHelp or the copyright owner to the fullest extent allowed by law.
2. Users who offer help are “Helpers” and those who request help are “Helpees.” Helpers who offer access to real property (“Shelter”) are also considered “Hosts” and Helpees who request Shelter are also considered “Guests.” Hosts may offer the “Entire Place,” one or more “Private Rooms” or "Shared Space" as Shelter. For the avoidance of doubt, Guests staying in Private Rooms and Shared Space may be required to share amenities and common spaces with the Host, other Guests and pet(s).
3. You acknowledge and agree that use of the Service requires you to provide personally identifiable information, including, but not limited to, your name, your email address, your phone name, your location, and a photo of you which you represent and warrant is accurate, current, and complete. You acknowledge and agree that YesHelp may use this information in connection with the Service. You must register for an account to access and use most features of the Service. You may only have one account. You must immediately notify YesHelp if your password is stolen or you believe your account was compromised. If permitted by applicable law, we may, but have no obligation to (i) ask for more identification or additional information; (ii) verify your identity or background; (iii) screen you against other information that may be available to YesHelp, and/or (iv) obtain information from public records including criminal convictions or sex offender registrations.
4. You further acknowledge and agree that certain information about you may be publicly visible through YesHelp and third party social media (e.g. Instagram, Facebook, LinkedIn, Twitter, etc.) including, but not limited to, your photo(s), first and middle name(s), last name initial, gender or other identification, geolocation (but not actual address), origin (city, country), language(s) spoken, countries of verified IDs, descriptions of help offered or requested (e.g. shelter, transportation, childcare, etc.), ratings and testimonials. You further may use social media logins through which YesHelp may obtain the foregoing information and other information.
5. YesHelp has a relationship with Regula to perform identity and biometric verification. The foregoing will be used to validate authenticity of users and is designed to increase safety and decrease the risk of fraud and other malicious behavior. All users will perform identity verification but YesHelp cannot provide any assurance of safety, even if a user is verified. So please use caution when sharing your personal information and meeting individuals, and investigate credentials yourself.
6. YesHelp provides automated translation to help users communicate in their own language; however, YesHelp does not guarantee the accuracy of such translations and does not warrant such accuracy.
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8. Guest Terms
a. When a Host confirms your stay, a contract (“Booking”) is formed between you and the Host for the Shelter at the address specified by the Host for the duration agreed to between you and the Host.
b. Booking is a limited license for the Guest and accompanying members of the Guest’s group or family, including pets (“Guest Group”) specified in the Guest’s request for Shelter, to occupy and use the Shelter provided by the Host.
c. If the Entire Place is provided as Shelter, the Host may enter the Shelter during your stay, provided (i) it is reasonably necessary, (ii) allowed by your contract with the Host, and (iii) consistent with applicable laws and regulations.
d. If you and the Host agree to extend your stay, the Booking end date must be amended by you and the Host with the Service prior to the Booking end date. If you or any member of your Guest Group leave past the Booking end date, the Host has the right to make you and other members of the Guest Group leave in a manner consistent with applicable laws and regulations, and impose reasonable penalties for the extended stay.
e. You are responsible and liable for your own and your Guest Group’s acts and omissions, and are also responsible for the acts and omissions of anyone you provide access to the Shelter. This means that you and members of your Guest Group are responsible for (i) leaving the Shelter and personal property of the Host and other Guests in the condition it was in when you arrived, (ii) paying all reasonable Damage Claim amounts necessary to cover damage that you, your Guest Group, your guest(s), or your pet(s) cause to the Shelter and personal property of the Host and other Guests and Guest Group(s), and (iii) you must act with integrity, treat others with respect, and comply with applicable laws and regulations at all times.
f. If minor(s) are part of your Guest Group or if you bring minor(s) to the Shelter, you must be legally authorized to act on behalf of the minor(s) and you are solely responsible for the supervision of those minor(s).
9. Host Terms
a. When a Guest confirms their stay, a Booking is formed between you and the Guest for the Shelter at the address you specify for the duration agreed to between you and the Guest.
b. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Shelter. For instance some landlords and leases, or homeowner and condominium association rules, restrict or prohibit overnight guests, subletting, short- and long-term term rentals and / or stays.
c. Your jurisdictions may require you to register, obtain a license or a permit, or register Guests and Guest Group members, who stay at your Shelter, prior to providing Shelter.
d. Some jurisdictions have laws that create tenancy rights for Guests and Guest Group members, and additional obligations for Hosts. For instance, landlord-tenant, rent control, and eviction laws may apply to longer stays.
e. Ensure that you understand what laws, rules and regulations apply to the Shelter you plan to offer. Information we provide is for informational purposes only and your obligations should be independently you should independently confirm your obligations. For further clarification, you understand and acknowledge that YesHelp does not provide any legal or accounting advice.
f. You are responsible and liable for your acts and omissions, and are also responsible for the acts and omissions of anyone you provide access to the Shelter. This means that you and anyone you provide access to the Shelter, who is not a member of the Guest Group(s) staying at your Shelter, are responsible for (i) leaving the personal property of Guests and members of Guest Group(s) in the condition it was in when you arrived, (ii) paying all reasonable Damage Claim amounts necessary to cover damage that you and anyone you provide access to the Shelter, who is not a Guest or a member of the Guest Group(s) staying at your shelter, cause to the personal property of Guests and members of members of Guest Group(s), and (iii) you must act with integrity, treat others with respect, and comply with applicable laws and regulations at all times.
g. If you bring minor(s) to the Shelter, you must be legally authorized to act on behalf of the minor(s) and you are solely responsible for the supervision of those minor(s).
10. YesHelp is a facilitator of relationships; however, Helpers, Helpees, Guests, Hosts, Guest Group members and other parties are independent individuals and are not employees, agents, contractors, services providers and do not otherwise have a relationship with YesHelp. You should perform your own investigation and identification of all individuals.
11. You acknowledge and agree that YesHelp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at YesHelp’s sole discretion, without prior notice. You may stop using the Services at any time. You do not need to specifically inform YesHelp when you stop using the Services. You acknowledge and agree that if YesHelp disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
12. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by YesHelp, unless you have been specifically allowed to do so in a separate agreement with YesHelp. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with YesHelp, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that YesHelp has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which YesHelp may suffer) of any such breach.
13. YesHelp does not charge for access using its Services; however, your carrier rates will apply, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent in order for users to sync any device with your information.
14. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such materials originated, which may be you.
15. YesHelp reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of the Service or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Service or any materials contained therein.
16. While YesHelp uses reasonable efforts to include accurate and up-to-date information as part of the Service, YesHelp makes no warranties or representations as to its accuracy. YesHelp assumes no liability or responsibility for any errors or representations in the Content or the Service
17. The Service may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that YesHelp is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
18. You and other users of the Service may post comments, reviews, and other materials and submit suggestions, ideas, or other information. You are solely responsible for your conduct and any content that you submit, post, and display on the Service. You may not post materials or content that contains any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that by accessing the Service, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that YesHelp shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. YesHelp has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Service, including content that has been posted by users.
19. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, YesHelp shall own such content and material and you hereby assign any rights in such content and material to YesHelp. In the event ownership in the content or material cannot be granted to YesHelp, you grant YesHelp and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant YesHelp, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide: (a) shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party; and (b) shall comply with all content restrictions set forth in this Agreement. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold YesHelp and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
21. At your discretion, you may provide feedback to YesHelp concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to YesHelp. In the event ownership in the Feedback cannot be granted to YesHelp, you grant YesHelp at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that YesHelp may disclose that Feedback to any third party in any manner and you agree that YesHelp has the ability to sublicense all Feedback in any form to any third party without restriction.
22. The Service may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and this Agreement the terms and conditions of the other area shall prevail. YesHelp may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Agreement to which you are bound.
23. You shall not transmit to YesHelp or upload to the Service any Harmful Code or use or misappropriate the data on the Service for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information, content, or image without such other person’s knowledge and permission.
24. You may not use your username and password for any unauthorized purpose.
25. You acknowledge and agree that many activities that may be facilitated can be dangerous and you agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Service or any relationship or other service facilitated by YesHelp. It is your responsibility to investigate other users, service providers, and relationship to determine whether they are legitimate and safe to interact with The facilitated services may have the risk of injury (including death), illness, and disability and you assume all such risks.
26. If you believe that any user or content is harmful to property or an individual you must immediately contact the appropriate authorities. If you believe that any user is violating this Agreement or any of YesHelp's other terms, you should report the violation to YesHelp immediately. YesHelp is not obligated to take any action with respect to your report.
28. YesHelp does not knowingly collect any information from anyone who we know to be under the age of 18. The Service is only available for individuals that are 18 or over. If YesHelp discovers that a person under the age of 18 has provided YesHelp with any personal information, YesHelp will use commercially reasonable efforts to delete such person's personal information from all YesHelp systems.
29. YesHelp may terminate your access to the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to the Service.
31. The materials on the Service are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of YesHelp’s proprietary rights in them.
32. THE MATERIALS, CONTENT ON THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YESHELP SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SERVICE. YESHELP MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, YESHELP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YESHELP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS. The information herein may include certain information, reference guides, videos, and databases intended for use by licensed individuals. These tools are NOT intended to give and do not give professional advice, including but not limited to, immigration, social assistance, medical, insurance, legal, etc. In addition, this information is not intended or recommended as a substitute for professional advice. Always seek the advice of the appropriate professional for your specific situation. Information contained in the Applications may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. You should always independently verify information.
33. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL YESHELP OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICE, EVEN IF YESHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YESHELP’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF YESHELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.
34. You shall not assign or transfer this Agreement or an account without the prior written consent of YesHelp. Any attempt to assign or transfer this Agreement or an account by you shall be void.
35. This Agreement shall be governed and interpreted by the laws of the Province of Ontario, Canada without regard to the conflicts of law provisions of any province or jurisdiction. Any action arising out of, or related to, this agreement shall be brought in the courts located in Ontario, Canada and each party hereby submits to the exclusive jurisdiction of such courts. Notwithstanding the foregoing, the Arbitration Agreement in Section 30 shall be governed by the International Centre for Dispute Resolution Canada ("ICDR") in accordance with its Canadian Arbitration Rules. For the avoidance of doubt, the choice of Ontario, Canada governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
36. YesHelp shall not be liable to you for any delay or failure of YesHelp to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of YesHelp. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
37. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
38. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
39. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
40. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
41. The section headings used herein are for convenience only and shall not be given any legal import.
42. Arbitration Agreement. Any dispute, controversy or claim arising under, out of or relating to this Agreement and any subsequent amendments of this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the ICDR in accordance with the Canadian Arbitration Rules. The place of arbitration shall be Ontario, Canada. The language to be used in the arbitral proceedings shall be English. The Parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the Parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By using the Service in any manner, you agree to this arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and YesHelp. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent covenant. You may opt-out of this Section by providing written notice of your decision within thirty (30) days of the date that you first use the Service.
43. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.