TERMS AND CONDITIONS OF USE 

This Site belongs to HELLO IT’S ME LLC doing business as “HELLO FAMILY”. By accessing  HELLO FAMILY, the Hello Family mobile application, a subdomain or any such website, any mobile  application for such website or any other website operated by us on which these Terms and Conditions  are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge and agree that  you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs  your use of the Site, and is incorporated by reference (These Terms and Conditions along with the  Privacy Policy shall be referred to as the “Terms”). This site is maintained as a service to our  customers. Please review these terms and conditions carefully.  

By accessing the Site and/or agreeing to these Terms, you hereby certify that you are at least 18 years  of age. If you do not agree to these Terms, you must cease accessing or use of the Site or any other  Services immediately. 

We reserve the right, at our sole discretion, to change these Terms, in whole or in part, at any time.  Any such changes will become effective when posted, unless a different date is indicated by us. Your  continued use of the Site after the date any such changes become effective constitutes your acceptance  of the new Terms of Use. 

  1. Use of Site. 

HELLO FAMILY is an instant notification application to keep you in touch with family  members that are difficult to communicate with due to age, health conditions and limited  technical skills. HELLO FAMILY is a quick and non-intrusive way to keep up with family  members, college students, military personnel, travelers, and single individuals living alone.  The subscribed user is the account Supervisor who has the option to invite up to two (2)  family members or friends into their family network consisting of three (3) people total per  subscription. 

What better way to check on your loved one that does not involve GPS tracking or long  conversations. 

The application base subscription allows the Supervisor to invite up to two (2) family members  or friends in the Supervisor’s family network, who must first accept the invitation from the  Supervisor. Once accepted, the Supervisor can send a quick status check to the Supervisee,  who then chooses between a green or a red emoji, to indicate the general status of the  Supervisee. This can be done twice a day at a set time chosen by the Supervisor. The  application keeps comprehensive data on the Supervisee’s input in order to help aid the  Supervisor in assessing the Supervisee’s overall status. This application is not a replacement  for medical or loving care and should not be construed as such. The application does not  provide medical diagnoses or recommendations regarding medical treatment. 

You hereby waive, release and discharge HELLO FAMILY of any liability associated  with your use of the Site and services and our failure, or the failure of our affiliates or 

service providers, to receive and/or transmit any medical alert or request for  emergency assistance, including your physical location, to emergency personnel to the  extent you used the Site and Services to send a medical alert or request for emergency  assistance. 

Annual subscriptions are available. Users are permitted to notify the Site of its desire to  terminate the subscription plan and be refunded its previous annual subscription charge within  seven (7) calendar days following an automatic annual subscription renewal charge. 

  1. Limited License to Use the Site 

Users are granted a limited, revocable non-exclusive license to access the Site and the content  and services provided on the Site, all in accordance with the Terms. Any use of the Site that is  not for one of these purposes or otherwise in accordance with the Terms or as otherwise  authorized by us in writing is expressly prohibited. 

  1. Unauthorized Uses of the Site 

The license to use the Site only extends to the uses expressly described herein. The license to  use the Site granted to users in these Terms does not include any right of collection,  aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any  right of use of data mining, robots, spiders or similar data gathering and extraction tools  without our prior written permission; provided, however, that a limited exception from the  foregoing exclusion is provided to general purpose internet search engines that use tools to  gather information for the sole purpose of displaying hyperlinks to the Site, provided they  each do so from a stable IP address or range of IP addresses using an easily identifiable agent  and comply with our robots.txt file.  

Unauthorized uses of the Site also include, without limitation, those listed below. You agree  not to do any of the following, unless otherwise previously and specifically agreed to by us: 

  • Any commercial use of the Site or any content on the Site, other than by members in good standing, or by members under a valid license to software offered on the Site; 
  • Any use of the Site or the tools and services on the Site for the purpose of booking a contract or soliciting a service provider other than for those listed on the Site; 
  • Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever; 
  • Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or  replicate any portion of the Site; 
  • Deep-link to any portion of the Site without our express written permission;
  • Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site; 
  • Reverse engineer any part of the Site; 
  • Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties; 
  • Use the Site and its inquiry or booking functionality other than to advertise and/or research service contracts or service providers, to make legitimate inquiries to our members or any other use expressly authorized on the Site; 
  • Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil  liability; 
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; 
  • Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or 
  • Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site. 

If you are aware of, or experience, any content, activity or communication through or in  connection with the Site that appears to be in violation of the above restrictions, or in violation  of any other provision of these Terms, we ask that you please inform us by contacting us as  set forth under “Contact Us, “ below. 

  1. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal. 

When you provide your e-mail address, name or other information to us in connection with  your use or access to the Site, any service or tool provided on the Site or otherwise, you agree  to allow the Site and its affiliated websites to add your e-mail address, name or other  information provided to our database of users. You may receive one or more promotional e 

mails from either the Site or a website of one of HELLO FAMILY’s affiliates. You are  welcome to opt not to receive such promotional e-mails from the Site or such affiliates’  websites at any time. Please review our Privacy Policy for more information regarding our  email and other data collection practices and safeguards, and how to opt not to receive such  emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy  Policy. We adhere to strong principles of privacy. You agree that we may access and use your  user-contributed content in accordance with these Terms or our Privacy Policy and we agree 

that we will only disclose your user-contributed content in accordance with these Terms and  our Privacy Policy. 

  1. Identity Verification 

User verification on the Internet is difficult and we cannot, and do not assume any  responsibility for, the confirmation of each user’s purported identity.  

You agree to (i) keep your password and online ID for both your account with us and your  email account secure and strictly confidential, providing it only to authorized users of your  accounts, (ii) instruct each person to whom you give your online ID and password that he or  she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new  online ID and password if you believe your password for either your account with us or your  email account may have become known to an unauthorized person, and (iv) notify us  immediately if you are contacted by anyone requesting your online ID and password. Further,  if we suspect any unauthorized access to your account, upon our request, you agree to  promptly change your ID and password and take any other related action as we may reasonably  request. 

We discourage you from giving anyone access to your online ID and password for your  account with us and your email account. However, if you do give someone your online ID  and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account  with us and/or your email account, even those transactions that are fraudulent or that you did  not intend or want performed.  

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER HELLO  FAMILY NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY  USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID  OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND  PASSWORD FOR YOUR HELLO FAMILY ACCOUNT OR YOUR EMAIL ACCOUNT  COULD CAUSE YOU TO INCUR LIABILITY TO BOTH HELLO FAMILY AND  OTHER USERS.  

Further, we may, without notice to you, suspend, or cancel your account at any time even  without receiving notice from you if we suspect, in our sole discretion, that your account with  us or your email account is being used in an unauthorized or fraudulent manner. 

  1. Limitations on Communications and Use of Other Users’ Information; No Spam. 

You agree that, with respect to other users’ personal information that you obtain directly or  indirectly from or through the Site or through any Site-related communication, transaction or  software, we have granted to you a license to use such information only for: (i) Site-related  communications that are not unsolicited commercial messages, (ii) using services offered  through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction 

between you and the other user related to the purpose of the Site (such as inquiring about or  booking a service or charging a personal credit card). Any other purpose will require express  permission from the user. You may not use any such information for any unlawful purpose or  with any unlawful intent.  

In all cases, you must give users an opportunity to remove their information from your address  book or database or other records and a chance to review what information you have collected  about them. In addition, under no circumstances, except as defined in this provision, may you  disclose personal information about another user to any third party without the consent of the  other user. You agree that other users may use your personal information to communicate  with you in accordance with this provision. Further, you agree that you will protect other users’  personal information with the same degree of care that you protect your own confidential  information (using at minimum a reasonable standard of care), and you assume all liability for  the misuse, loss or unauthorized transfer of such information. 

We do not tolerate spam or unsolicited commercial electronic communications of any kind.  You may not use any tool or service on the Site to send spam or unsolicited commercial  electronic communications of any kind or in any other way that would violate these Terms. 

  1. Responsibility for User-contributed Content. 

We have no duty to pre-screen content posted on the Site by members or other users, whether  directly contributed by the user or contributed by us or a third party on behalf of the user or  any other content provided by a user to the Site (collectively, “user-contributed content”). We  are not responsible for user-contributed content. “User-contributed content” also includes  information that a user or any other person provided to a third-party website or mobile  application that is then provided to our Site by a tool we offer or any other exchange of user contributed content we have authorized. 

We reserve the right to decline to permit the posting on the Site of or to remove from the Site  any user-contributed content that fails to meet our Content Guidelines, which are  incorporated by reference into these Terms, any other guidelines posted on a Site or if it  otherwise violates these Terms, each as determined in our discretion. We may also remove  user-contributed content if it is brought to our attention, such as by notice given to us by a  user or any third party that any part of these Terms, or any other requirements governing the  posting of such content, have been apparently breached in respect of such content, as  determined in our discretion. Finally, we reserve the right, but do not assume the obligation,  to edit a member’s content or user-contributed content in a non-substantive manner solely to  cause the content to comply with our Content Guidelines. Users remain responsible for  reviewing their user-contributed content to ensure it is accurate and not misleading. 

At a minimum, user-contributed content must (as determined by us in our discretion): 

  • not infringe anyone’s rights, including but limited to copyright and rights of publicity  and privacy, violate the law or otherwise be inappropriate;  
  • not include personal information of another that can be used to identify or contact  any person;
  • not include unsolicited promotional content, advertising, political campaigns, contests,  raffles or solicitations; 
  • be directly related to the Site, business service, product or forum where the content is  submitted; 
  • not be obscene, abusive, discriminatory or illegal; or 
  • not be false or misleading. 

All user-contributed content is the sole responsibility of the user who contributed such  content, whether such user contributed the content directly or through a third-party website.  Users are solely responsible for their user-contributed content, and we specifically disclaim all  liability for user-contributed content. The user represents and warrants that the user owns or  otherwise controls and has all necessary legal rights to the user’s submission and the name or  other identifier used in connection with such submission including, but not limited to, all the  rights necessary to provide, post, upload, input or submit the user-contributed content. We  reserve the right to request a proof of ownership or permission, and to refuse to post user  generated content without such proof or if such proof is, in our sole discretion, insufficient. 

By submitting or authorizing user-contributed content, you grant to us and our affiliates a  perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up  license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display,  publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the  photographs and the likenesses (if any) of any of your user-contributed content, in connection  with our business or the business of our affiliates.  

You further grant us and our affiliates the ability to register copyright in and protect the user contributed content from the unauthorized use of the user-contributed content by unaffiliated  third parties who may, from time to time, attempt to pirate such information via electronic or  other means. This includes, but is not limited to, the right to file suit to seek injunctive relief  to protect such material on behalf of and in your name. You further agree to appear and assist  us—at our expense and control—with protecting such copyrighted material from  unauthorized redistribution. 

In the event that you retain any rights of attribution, integrity or any other moral rights in any  user-contributed content, you hereby waive your right to assert these or to require that any  personally identifying information be used in connection with the user-contributed content or  any derivative works thereof and affirm that you have no objection to the publication, use,  modification, deletion or exploitation of the user-contributed content by us or our affiliates. 

  1. Notification of Infringement; DMCA Policy. 

We respect the intellectual property rights of others, and HELLO FAMILY does not permit,  condone or tolerate the posting of any content on the Site that infringes any person’s  copyright. HELLO FAMILY will terminate, in appropriate circumstances, a member or  traveler who is the source of repeat infringement of copyright.  

  1. Unsolicited Ideas and Feedback.

From time to time, users submit to us ideas or suggestions pertaining to our business, such as  ideas for new or improved products or technologies, website or tool enhancements, processes,  materials, marketing plans or new product names. We are under no obligation to review or  consider them. If you choose to submit any ideas, original creative artwork, suggestions or  other works (“submissions”) in any form to us, then regardless of what you say, write or  provide to us in connection with your submissions, the following terms shall apply. The sole  purpose of this policy is to avoid potential misunderstandings or disputes in the event that any  part of our business, such as our products, websites, technologies or marketing strategies,  seems similar to any of your submissions. If you provide any submissions to us, you agree that:  (i) your submission and its contents will automatically become the property of HELLO  FAMILY without any compensation to you; (ii) HELLO FAMILY may use or redistribute  any such submission and its contents for any purpose and in any way; (iii) there is no obligation  for HELLO FAMILY to review any submission; and (iv) there is no obligation to keep any  submission confidential. 

We welcome your feedback regarding many areas of our business. Please provide only specific  feedback on our Site and services. Keep in mind that we assume no obligation to keep any  feedback you provide confidential and we reserve the right to use or disclose such information  in any manner. 

  1. Limitation of Liability 

IN NO EVENT WILL HELLO FAMILY, OR ITS PARENT COMPANY,  SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS,  AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “HELLO FAMILY”),  OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON  ANY SITE OF A MEMBER OF THE HELLO FAMILY (EACH A “THIRD-PARTY  PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,  CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES  ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B)  THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD  PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE, OR ANY  THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE  OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND  ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL  MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE  AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR  TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT  TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES  A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE,  EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT,

(5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. 

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH  ANY PART OF THE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM  WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER OR ANY USER OF  THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR  SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING  THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY  MEMBER OF HELLO FAMILY, TO YOU OR ANY THIRD PARTY IN ANY  CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE  IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO  US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO  LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.  

  1. Disclaimers. 

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,  MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED  THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT  PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR  WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE  SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE  ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH 

THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO  THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH  THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE  OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY 

SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR  IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR  

PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR  CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR  ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE  AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT  CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY,

CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. 

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK  TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE  CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT  LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER 

ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY  CONTRACT TRANSACTION OR OTHER TRANSACTION BETWEEN USERS  OF THE SITE.  

  1. Release; Indemnification. 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE HELLO FAMILY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS,  OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR  

ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS  OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL  CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH  MEMBER OF HELLO FAMILY (COLLECTIVELY, THE “INDEMNIFIED  PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND  COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION 

WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR  OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE  (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL 

COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND  ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU  OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT  TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A  THIRD-PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY  US THAT INTERACTS WITH A THIRD-PARTY WEBSITE, INCLUDING  WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY  YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND  COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT  LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS  FULLY AS REASONABLY REQUIRED 

IN THE DEFENSE OF ANY CLAIM. 

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE  EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE  SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY  EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. 

Additionally, you agree to defend and indemnify HELLO FAMILY, its affiliated  companies, and any of their officers, directors, employees and agents from and against  any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or  other costs or expenses of any kind or nature including but not limited to reasonable  legal and accounting fees, brought by third parties as a result of: 

  • your breach of these Terms or the documents referenced herein; • your violation of any law or the rights of a third party; or 
  • your use of this Site. 
  1. Disputes; Arbitration. 

HELLO FAMILY’s right to amend these Terms, in whole or in part, at any time as set forth  below in Section 22 does not apply to this “Disputes; Arbitration” section. The version of this  “Disputes; Arbitration” section in effect on the date you last accepted the Terms controls. 

HELLO FAMILY is committed to customer satisfaction, so if you have a problem or dispute,  we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as  explained in this section. You agree to give us an opportunity to resolve any disputes or claims  relating in any way to the Site, any dealings with our customer experience agents, any services  or products provided, any representations made by us, or our Privacy Policy (/legal/privacy 

policy) (“Claims”) by contacting HELLO FAMILY Customer Support. If we are not able to  resolve your Claims within 30 days, you may seek relief through arbitration, as set forth below. 

Any and all Claims will be resolved by binding arbitration, rather than in court, except  you may assert Claims on an individual basis in small claims court if they qualify. This includes 

any Claims you assert against us, our subsidiaries, users or any companies offering products  or services through us (which are beneficiaries of this arbitration agreement). This also includes  any Claims that arose before you accepted these Terms, regardless of whether prior versions  of the Terms required arbitration. 

There is no judge or jury in arbitration, and court review of an arbitration award is  limited. However, an arbitrator can award on an individual basis the same damages  and relief as a court (including statutory damages, attorneys’ fees and costs), and must  follow and enforce these Terms as a court would. 

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules,  including the AAA Arbitration Consumer Rules (together, the “AAA Rules”). Payment of all  filing, administration and arbitrator fees will be governed by the AAA’s rules, except as  provided in this section. You may choose to have an arbitration conducted by telephone, based  on written submissions, or in person in the state of Kansas. 

By agreeing to arbitration under the AAA Rules, the parties agree, among other things, that  the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive  power to rule on any objections with respect to the existence, scope, or validity of the  arbitration agreement or to the arbitrability of any claim or counterclaim. 

Prior to beginning an arbitration proceeding, you must send a letter describing your Claims to  HELLO FAMILY by mailing it to HELLO FAMILY’s agent for service: Delores Morales,  3013 Rock Ridge Place, Oklahoma City, OK 73120. If we request arbitration against you, we  will give you notice at the email address or street address you have provided. A notice of  dispute must include: the party’s name and preferred contact information, a brief description  of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the  30-day period, only then may either party commence arbitration by filing a written Demand  for Arbitration with the AAA and providing a copy to the other party as specified in the AAA  Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800- 778-7879. 

Any and all proceedings to resolve Claims will be conducted only on an individual  basis and not in a class, consolidated or representative action. If for any reason a Claim  proceeds in court rather than in arbitration we each waive any right to a jury trial. The  Federal Arbitration Act and federal arbitration law apply to these Terms. An arbitration  decision may be confirmed by any court within the state of Oklahoma. 

  1. General. 

To Contact Us for any reason, users can email info@hellofamily.app 

These Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), AAA  Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside 

(as determined by the billing address you have provided us), without regard to conflict of laws  principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state  laws to the fullest extent permitted by law. 

Our relationship is that of independent contractors, and no agency, partnership, joint venture,  employee-employer or franchiser-franchisee relations is intended or created by these Terms  or your use of the Site. Except as explicitly stated otherwise, any notices to us shall be given  by postal mail to: 

Delores Morales 

3013 Rock Ridge Place 

Oklahoma City, OK 73120 

When we need to send you notice, it will be sent to the email address you provide to the Site  during the registration or booking or inquiry process or as later updated in your account (if  applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless  the sending party is notified that the email address is invalid. Alternatively, we may give you  notice by certified mail, postage prepaid and return receipt requested, to any physical address  provided to us during the registration process or as later updated in your account (if  applicable). Notice shall be deemed given three days after the date of mailing to a physical  address and one day after mailing to an electronic address. 

We may change, suspend or discontinue any aspect of the Site at any time, including the  availability of any Site features, database or content. We may also impose limits on certain  features or services or restrict your access to parts or the entire Site without notice or  liability. This version of the Terms became effective on the date set forth above and this  version amends the version effective before such date. We reserve the right, in our sole  discretion, to amend these Terms, in whole or in part, at any time. Notification of any  amendment will be posted on the Site by the indication of the last amendment date at the top  of these Terms and will be effective immediately. When members renew subscriptions, 

the terms in effect at the time of renewal will govern, provided that such terms may change as  described above. 

We also reserve the right, in our sole discretion and from time to time, to offer programs,  products or services with unique terms and conditions that are separate from and may  supersede or supplement in certain respects these Terms. In such cases, your use of the Site  with respect to such special program is governed by these Terms together with the terms and  conditions of such program, product or service. We reserve the right, but assume no  obligation, to agree to different or conflicting terms and conditions with respect to any user.  Any such terms and conditions will not be enforceable unless specifically agreed to by us. 

We do not separately file the Terms entered into by each user of the Site. Please make a copy  of these Terms for your records by printing and/or saving a downloaded copy of the Terms  on your personal computer. We may immediately terminate any user’s access to or use of the 

Site due to such user’s breach of these Terms or any other unauthorized use of the  Site. However, we do not guarantee that we will take action against all breaches of these  Terms. Our failure to take immediate action with respect to a breach by you or others does  not waive our right to act with respect to such breach or any other breach. 

These Terms constitute the entire agreement between us and you with respect to the matters  set forth herein, and supersede any prior agreement between us and you with respect to your  use of the Site. Headings in these Terms are for reference only and do not limit the scope or  extent of such section. In the event of any conflict between these Terms and any other terms  and conditions applicable to a product, tool or service offered on our Site, the Terms herein  shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any  court of competent jurisdiction, the other provisions of these Terms shall remain in full force  and effect. Further, any provision of these Terms held invalid or unenforceable only in part  or degree will remain in full force and effect to the extent not held invalid or unenforceable. 

We may assign these Terms in our sole discretion. Users must obtain our prior written consent  to assign these Terms, which may be granted or withheld by us in our sole discretion. 

  1. Use of Our Trademarks or Logos. 

You may not use our trademarks or logos in connection without specific prior written  authorization. It is usually permissible for you to refer to HELLO FAMILY or the name of  one of our affiliate websites to refer others to our Site. However, you may not refer to HELLO  FAMILY or any of our affiliates in any way that might lead someone to believe that you, your  company, or site is sponsored by, affiliated with, or endorsed by HELLO FAMILY or one of  our affiliates. You may not use the HELLO FAMILY name or one of our affiliates’ names  on any other website that lists contract opportunities without our prior written authorization. 

The HELLO FAMILY name and logo and those of HELLO FAMILY and our affiliates are  property of the Company. We generally do not permit the use of our names and logos, other  than as described above or with our prior written authorization. If you want permission to use  our name and/or logo in any other manner, including, without limitation, on any website,  business card, signage, t-shirt, etc., or if you have other questions, you may email  info@hellofamily.app. 

  1. Hypertext Links. 

We reserve the right to refuse hypertext links to, or addresses of, other web sites from  members’ pages, and to remove links or web addresses without notice at our sole discretion.  Further, we reserve the right to charge for hypertext links at any time. 

  1. Waiver and Severability 

No waiver by HELLO FAMILY of any term or condition set forth in these Terms and  Conditions shall be deemed a further or continuing waiver of such term or condition or a 

waiver of any other term or condition, and any failure of HELLO FAMILY to assert a right  or provision under these Terms and Conditions shall not constitute a waiver of such right or  provision. 

If any provision of these Terms and Conditions is held by a court or other tribunal of  competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision  shall be, in the first instance, reformed or limited to the minimum extent such that the relevant  provision is enforceable, and the remaining provisions of these Terms and Conditions will  continue in full force and effect. If such reformation or limitation cannot cure the deficiency  of such provision, it shall be eliminated from these Terms and Conditions and the remaining  provisions of these Terms and Conditions will continue in full force and effect. 

  1. Entire Agreement 

These Terms and Conditions, the Privacy Policy, and any additional terms incorporated by  reference constitute the sole and entire agreement between you and HELLO FAMILY with  respect to the Site or Services, and supersede all prior and contemporaneous understandings,  agreements, representations, and warranties, both written and oral, with respect to the Site or  Services.

0
    0
    Your Cart
    Your cart is emptyReturn to Shop
    Continue Shopping