CARE IS HELPING
TERMS AND AGREEMENT
Last updated March 20, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Care Is Helping, Inc. (“Company,” “we,” “us,” “our”), a company registered in Georgia, United States at 3343 Peachtree Road NE Suite 145-2457, Atlanta, Ga 30326.
We operate the website https://careishelping.com (the “Site”) the mobile application Care Is Helping (the “App”), as well as any other related products and services that refer or link to these legal terms
(the “Legal Terms”) (collectively, the “Services”). (Care Is Helping is to help transform the lives of millions of people and help them achieve their goals.
Care Is Helping created and developed several categories in your personal life and business life to help you achieve your goals successfully. When members work cohesively by investing in each category, collectively they are helping each member accomplish their goals successfully.
To help serve you best, Care Is Helping is providing Personal Membership and Business Membership services in the following areas:
Business Members benefit from each of the twenty-seven (27) services listed:
1. Care Is Helping Buy A Franchise
2. Care Is Helping Businesses Invest In Working Capital
3. Care Is Helping Businesses Invest In Equipment
4. Care Is Helping Businesses Invest In Stocks
5. Care Is Helping Businesses Invest In Farms
6. Care Is Helping Businesses Invest In Real Estate
7. Care Is Helping Businesses Invest In Rentals
8. Care Is Helping Businesses Invest InTravel
9. Care Is Helping Businesses Invest In Expansion
10. Care Is Helping Businesses Invest In Construction & Remodeling
10. Care Is Helping Business Insurance
11. Care Is Helping ADS & Marketing
12. Care Is HelpingBusinesses Invest In
13. Care Is Helping Start A New Business
14. Care Is Helping Businesses Invest InTrade
15. Care Is Helping Businesses Invest In Credit
16. Care Is Helping Businesses Invest In Emergency
17. Care Is Helping Businesses Invest In Lawyers
18. Care Is Helping Businesses Invest In Taxes
19. Care Is Helping Businesses Invest In TECC Services
20. Care Is Helping Businesses Invest In A.I. Technology
21. Care Is Helping Businesses Invest in Software Development &
Engineering
22. Care Is Helping Businesses Invest In Media & Communications
23. Care Is Helping Businesses Invest In Education & Training
24. Care Is Helping Businesses Invest In Technology
25. Care Is Helping Branding The Business
26. Care Is Helping Building Loyal Customers
27. Care Is Helping Businesses Helping The World
Personal Member benefits from each of the Thirty-six (36) services listed
1. Care Is Helping Auto Care
2. Care is Helping Appliances
3. Care Is Helping Auto
4. Care Is Helping Furniture
5. Care Is Helping Child Care
6. Care Is Helping Clothing
7. Care Is Helping Dental & Vision Care
8. Care Is Helping Doctor's Visit
9. Care Is Helping Emergency
10. Care Is Helping Funerals
11. Care Is Helping Homeless
12. Care Is Helping Insurance
13. Care Is Helping Invest In Stocks
14. Care Is Helping Invest In Farms
15. Care Is Helping Invest In Real Estate
16. Care Is Helping Invest In Healthy Living
17. Care Is Helping Meals
18. Care Is Helping Medical And Supplies
19. Care Is Helping School
20. Care Is Helping Personal Credit
21. Care Is Helping Personal Taxes
22. Care Is Helping Utilities
23. Care Is Helping Pet Care
24. Care Is Helping Prescriptions
25. Care Is Helping Rentals
26. Care Is Helping Remodel or Repair Home
27. Care Is Helping Save Homes
28. Care Is Helping Surgery
29. Care Is Helping Travel
30. CARE Is Helping Lawyers
31. Care Is Helping Learn A Skill & Training
32. Care Is Helping Career and Employment
33. Care Is Helping Start A Business
34. Care Is Helping Living Independently
35. Carer Is Helping Disability Care
36. Care Is Helping Senior Care
You can contact us by phone at (855)7CAREIS or (855)722-7347, email at support@careishelping.com or by mail to 3343 Peachtree Road NE Suite 145-2457, Atlanta, GA 30326, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), Care Is Helping, Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Servicews from other locations do so on their own initiative and are solely responsible for compliance with local laws. If and to the extent local laws are applicable.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@careishelping.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), ou agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and b e entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through ay part of the Services you:
You are solely responsible for your Submissions and you expressly agree to reimburse as for any and all loses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or ( c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased perperson, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. CANCELLATION
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at support@careishelping.com or call us at (855)7CAREIS or (855)722-7347.
7. SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
directly or indirectly, a collection, compilation, database, or directory without written permission from us.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and throught third-party websites. As such, any contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
10. INVESTING LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we cannot use and share such feedback for any purpose without compensation to you.
When you register as a Personal Member and/or a Business Member, you was given the rights to use the Services. The use of the Services does not give you any ownership rights to the Services. The Services grant you a revocable, non-exclusive, non-transferable, limited right to use the Services in a dignified manner. When you join Care Is Helping as a Personal Member and/or a Business Member, you will be hearing from Financial Advisors and/or Financial Experts who will be sharing their advice, ideas, implementations and recommendations for educational purposes on various investing and training topics. The information you receive may be presented in various ways but is not tailored to any individual member personal circumstances. Please remember all investing carries risk and no one should ever invest more than you can afford to lose. You as a Personal Member and/or a Business Member are fully responsible for your investment decisions. By clicking on the button I agree to the Terms and Agreement, or by registering as a Personal Member and/or a Business Member you hereby state you have read and agreed to the thie Terms and Agreement and releases Care Is Helping, owners, officers, employees, Financial Advisors, and/or Financial Experts, third-parties, contractors and any other parties of all liabilities as a result of the investing decision(s) you make. Care Is Helping encourage you as a Personal Member and/or a Business Member to consider all relevant factors, due diligence, and including your own financial circumstances before making any investment(s). All investment(s) made with regards to the purchase of any property including real estate, commercial properties, residential properties, businesses, equipment(s), farms, land, commodities, mortgages,notes and/or any other tangible properties upon completion of such transactions will be transferred into the applicable trust(s) for the benefit of Personal Member and/or the Business Member(s).
We do not assert any ownership over you investing in any of the Services. You retain full ownership of all of your investing amount(s), and any intellectual property rights or other proprietary rights associated with your investment(s) to the Services. At the time you made investment(s) to the Services you were of sound mind and understood what the Services required, and what is the required of you to be a Personal Member and/or a Business Member. We are not liable for any statements or representations in your investment(s) provided by you in any area of Services. You are solely responsible for your investment(s) in the Services and you expressly agree to exonerate the company from any and all responsibility and to refrain from any legal action, including any class action lawsuits against us regarding your Investing decision(s). PLEASE NOTE: AS A PERSONAL MEMBER AND/OR A BUSINESS MEMBER YOU ARE ENTITLED TO A FULL REFUND LESS ANY REINVESTED AMOUNT YOU RECEIVED FROM THE SERVICES, ANY AMOUNT(S) YOU DID NOT NOT FULFILL ENTIRELY IN ANY OF THE SERVICES, FEES, TAXES, AND/OR ANY OTHER DEDUCTIONS THAT IS REQUIRED TO BE MADE AT THE TIME TO RESOLVE THE MATTER. THIS CAN INCLUDE THE PERMANENT CANCELLATION OF THE PERSONAL MEMBERSHIP AND/OR THE BUSINESS MEMBERSHIP, THE INVESTED AMOUNT(S) YOU SUBMITTED AT THE TIME OF DISPUTE. ALSO, ANY AND ALL INVESTED AMOUNT(S) YOU SUBMITTED WILL BE PLACED ON HOLD AND REFUNDED TO YOU, ANY AND ALL INVESTMENT IN PROPERTY, REAL ESTATE, LAND, COMMERCIAL PROPERTY, COMMERCIAL EQUIPMENT, RESIDENTIAL PROPERTY, AND/OR ANY OTHER INVESTED AMOUNT(S) WILL BE COLLECTED, SUBMITTED IN IT’S ENTIRETY, REVIEWED, ADDRESSED AND RESOLVED WITH OUR TEAM(S), THEN AFTER CAREFUL REVIEW WE WILL PRESENT TO YOU THE DETAIL(S) OF ALL YOUR INVESTED AMOUNT(S) YOU HAVE MADE TO THE SERVICE(S), PRESENT THE INFORMATION, AND INFORM YOU OF OUR DECISION TO CONTINUE TO PROVIDE SERVICE(S) TO YOU, SUSPEND OR TERMINATE YOUR RIGHTS TO USE THE SERVICE(S) PERMANENTLY AND IN THE FUTURE OR SHOULD YOU DECIDE TO USE A DIFFERENT IDENTIFICATION(S) TO BECOME A NEW MEMBER TO OUR SERVICE(S) AND/OR ANY THIRD-PARTY REPRESENTATION.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first hand experiences with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references bansed on religion, race, gender, national origin, age, marital status, sexual orientation, or fidability; (4) your reviews should not contain references to illegal activity; (5) you should not be affilated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionabnle or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or loses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid assignable, and sublicensable, right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access of use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Andriod Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App distributor:) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and agreement of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) yu must comply with applicable third-party terms and agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and agreement in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and agreements in this mobile application license contained in these Legal terms against you as a third-party beneficiary thereof.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Pary Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Website accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practives, or other policies of or contained in the Third-Party Websites or any Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies including privacy and data gathering prictices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as advertisements, video ads, display and/or banner advertisements./ We provide the space to place such advertisements. Some of the advertisements may be related to additional products and/or services our affiliates, partners, companies and third-party advertisements as well.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, (3) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all file and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://careishelping.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated in the program,
https://careishelping.com/privacy-policy and into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred and processed in the United States.
17. MEMBERSHIP AGREEMENT
This Membership Agreement (the Agreement) is effective on the date of registering as a Personal Member and/or a Business Member (referred as the “Affiliate Members” “Members”) by and between the Care Is Helping, Inc. hereinafter (referred to as the “Company”), accessed via as Care Is Helping, Inc., the worldwide web as https://careishelping.com with a business address of 3343 Peachtree Road NE, Suite 145-2457, Atlanta, GA 30326. This Membership Agreement is between the Company, and the current and future Members of Care Is Helping, hereinafter referred to as “Member”.
By accessing, browsing or using the https://careishelping.com website or by selecting I accept during the membership registration, you represent that you have read, understand and agree to be bound by the terms and conditions of this Memberbship Agreement hereinafter referred to as Agreement.
The Company is the Finance industry as an Investment company. The Company is also a Software As A Service(SaaS), and has software development, website, website development, mobile applications, apps,
e-commerce,audio,video,voice,podcast, Artificial Intelligence (A.I.) Technology, and other electronic, internet, and other developing platforms. The platform is a network facilitating the exchange of personal information for internal use. This SaaS software development platform may include reading the profile pages of other members and possible even contacting them. The Company provide to its members limited benefits to the products and services provided in the platform(s) and all members are excluded from: ownership, ownership rights, license, patent, copyright, trademarks, and other ownership rights of the software, developments, technology, electronic, and/or any other rights not stated herein. The Company remains the sole owner of the products, and/or services provided to the member(s). The member(s) are excluded from ownership of the Company, ownership of the Company products, and/or services, shares of the company or any other ownership rights in whole or part. The member(s) are limited to the benefits of use of the products, and/or services while remaining in use of the products and/or services and as an active member. The Company have a online network of internet users and have categories within the platform of services offered to Personal Members and/or Business Members. The Personal Member categories are designed to help the Personal Member achieve their goal(s) when they select, invest, request service in the category they received service(s) in. The member must reinvest in the service(s) the Personal Member received invested amount from Care Is Helping. The Business Member categories are designed to help businesses achieve their goal(s) when they register as a Business Member, select, invest, request service in the category they need service(s) in, and reinvest in the service(s) the Business Member received invested amount from Care Is Helping. All invested amounts made by members are carefully analyze, and managed to protect the honesty, integrity and reputation of the company, it’s officers, directors, managers, committees, members, and personnel staff, agents, subsidiaries, joint ventures, contractors, partners, affiliates and all other parties not stated herein.
Member shall fill in the correct information requested in the User Registration form on the site.
Member shall be required to promptly update the User Informaton on the site. Member shall select a username and password during the User Registration process. Member shall be responsible for: a) auu use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Members username and password.
The Content includes messages and other materials posted to forums, groups, and other locations on the Site by the members of the Company. Member of the Company is deemed to grant the Company the inclusive right to post, display, copy, and modify the Content in connection with the operation of the Site and the Company’s business. Further, the Member(s) is deemed to grant the Company the nonexclusive right to post, display, copy and sell the Content within the limitations set by the Member during the online publishing proess. Member is also deemed to authorize the Company to disclose his/her personal data when the Member includes such personal data in the content.
4. Release
If the Member has a dispute with one or more other Members, the Member shall release the Company (and its officers, directors, agents, subsidiaries, joint ventures, contractors, partners, affiliates ad employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. Privacy
Company shall not sell or rent Members personal information to third parties without Members explicit consent. Company shall store and process Members information on computers located in the United States that are protected by physical as well as technological security devices. However, the Company shall be permitted to access and modify Members information, request additional information from the member(s) where necessary to establish correct identity or use of the service.
6. Indemnity
Member shall indemnify and hold the Company (and its officers, directors agents, subsidiaries, joint ventures, contractors, partners, other members, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Members breach of this Agreement, or Members violation of any law or the right of a third party.
7. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
8. Terminating Membership
Member shall choose to retire or delet
18. AFFILIATE AGREEMENTAffiliate Program AgreementPlease read this Affiliate Program Agreement (“Agreement”) carefully before submitting your application to participate in the Care Is Helping Affiliate Program (“Program”). If you do not accept all of the terms and conditions of this Agreement do not submit an Application. By submitting the Application, you are conclusively deemed to have accepted and agreed to be bound by this Agreement. As used in this Agreement, "we" “us” and “Care Is Helping” means Care Is Helping, Inc. and “Affiliate” “you” and “your” means the applicant submitting the Application and participation in the Program.
1. Enrollment
The Program is professionally managed by Care Is Helping, Inc. (“Care Is Helping”) and this
Agreement shall be effective upon Care Is Helping acceptance of your merchant link sign-up
request and your linking and/or participation in the Program.
2. Linking and Participation in the Affiliate Program
To link to and participate in the Program, you must be registered as an affiliate with Care Is Helping, Inc. and request to be linked to the merchant, Care Is Helping, Inc. Your registration request may be rejected for any reason or for no reason at our or Care Is Helping sole discretion. Your request will be rejected if it is determined that your web site includes anything that is, interalia, unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable. For domain names associated with your site that are registered privately, the 0domain of your username/email address must match the URL submitted with your application.
3. Affiliate Marketing Activities
In addition to the restrictions contained herein, your marketing activities may be further limited by
the Affiliate Agreement you accept when you apply to our Program. Please review the Care Is Helping, Inc. Affiliate agreement carefully.
All images, product names & numbers, trade names, trademarks, slogans, and/or designs
depicted in any marketing collateral or links made available to you under this Program
(collectively, “Care Is Helping Marketing Material”) are the proprietary property of Care Is Helping
or its licensors. Affiliates shall use Care Is Helping Marketing Materials only as specified herein and shall not misappropriate Material by, e.g. incorporating the same in a domain name.
• Online Advertising (sponsored links)
Your paid ads must not link directly to our site, even through a Care Is Helping link.
All paid search ads must take visitors to YOUR Site, not OURS.
Care Is Helping does not allow the bidding or use of it’s branded trademark terms by Affiliates
engaging in paid search advertising in any search engine, e.g. Google, Yahoo, Bing.
Unless there is a written agreement to the contrary you are not to use any of the
following trademark terms (or misspellings or derivatives thereof) in the title,
advertising copy and/or description or display URL of a paid search advertisement.
Care I Helping
Care Is Helping, Inc.
Care Is Helping, Inc. Invest….
Care Is Helping Invest…
Care Is Helping Members Invest…..
Care Is Helping PM Invest…..
Care Is Helping BM Invest…..
Care Is Helping Personal Members…..
Care Is Helping Business Members…..
Care Is Helping Personal Members Invest…...
Care Is Helping Business Members Invest……
Care Is Helping Business Members and Personal Members Invest…..
www.careishelping.com/home Care Is Helping
http://careishelping.com or any other similar links.
You are NOT permitted to use the above terms, in this order, reverse order, and/or
Interchangably in any manner on the landing pages of your site, and such use is not confusing, misleading,
does not dilute or disparage our trademarks,and is in keeping with generally recognized and
accepted practices of fair use under U.S. Trademark Law.
• Online Advertising (organic links)
Affiliates that use the above branded trademark terms in any organic search link must
NOT use the terms in any manner, i.e. in a way that is not confusing, misleading, does not
dilute or disparage our trademarks, and is in keeping with generally recognized and
accepted practices of fair use under U.S. Trademark Law.
• Electronic Mail
Affiliate shall not send any emails, directly or indirectly, that advertises or promotes
Care Is Helping, its products, services, web sites, or offers without Care Is Helping prior
express written consent. If consent is provided, Affiliate must include Care Is Helping
on its email distribution list at the following address support@careishelping.com. Affiliate shall not
send any unsolicited commercial e-mail or other unsolicited online communications.
Affiliate hereby represents that it will comply with all laws, rules, regulations, and
ordinances relating to the sending of commercial emails, including, but not limited to, the
federal CAN-SPAM Act of 2003. In addition, Affiliate shall not generate or send any
material advertising or promoting any Care Is Helping products or services via facsimile or engage
in any telemarketing activities with respect to Care Is Helping products or services.
In any marketing activities where a reference is made to Care Is Helping or to any of Care Is
Helping’s trademarks, Affiliate must identify itself as an affiliate by using the terms "affiliate".
Except as otherwise set forth in this Agreement, Affiliate shall not use Care Is Helping, Inc.
or Care Is Helping name, trademarks, service marks or any derivations or variations
thereof in any manner, including without limitation, (a) in metatags, (b) in hidden text or
source code or (c) in Affiliate’s domain name or any other part of Affiliate’s universal
record locator (URL). Except as expressly authorized by this Agreement, Affiliate shall not
use any of Care Is Helping trademarked terms, either alone or in conjunction with or as
part of any other word or name, in any advertisement, publicity or promotion on
Affiliate’s behalf, to express or imply any endorsement by Care Is Helping of any services
provided by Affiliate, or in any other manner whatsoever. Affiliates found in violation of this
section are subject to punitive actions by us, without further notice. Such actions include
but are not limited to suspension or termination of Affiliate account, withholding of payments
to Affiliate; and publication (at our discretion) of Affiliate's activities.
4. Links & Images
Care Is Helping shall make available to Affiliates, the variety of graphic and textual images
(the "Care Is Helping Images") that serve to identify your site as a member of the Program and
that will establish “Links” from any and all websites you own, operate or control (“your site”) to
https://careishelping.com (“our site”). You may, subject to the terms and conditions herein,
display Links as often and in as many areas on your site as you desire. You shall cooperate
fully with Care Is Helping in establishing and maintaining Links. You may display in your site
only those Images provided to you by Care Is Helping which may be discontinued or replaced
at any time and from time to time in our sole discretion. Upon request, you shall remove
any Image from your site and replace it with a new Image provided by us, Care Is Helping.
Banner ad link codes cannot at any time be modified by you, as doing so will not allow proper
reporting of traffic sent through such banner link code. You agree that each Link connecting
users of your site to our site will in no way alter the look, feel, or functionality of our site.
Care Is Helping may monitor your site at any time to determine if you are in compliance
with these terms.
5. Affiliate's Obligations
a. Place Links on your site within 30 days of your acceptance into the Program
b. Actively participate in the Program by accessing and using promotional Links via the
Care Is Helping.com/affiliate
c. You agree to be solely responsible for all costs and expenses you may incur in
connection with your participation on the Program and/or your performance under this
Agreement including
(i) the development, operation and maintenance of your site;
(ii) all materials that appear on your site and the accuracy and appropriateness of
such materials;
(iii) ensuring that any such materials do not violate or infringe upon the rights of
any third party, including, but not limited to, copyrights, trademarks, privacy, or
other personal or proprietary rights, are not libelous, defamatory, misleading,
false or deceptive or otherwise illegal; and
(iv) ensuring that your site and your business practices do not violate this
Agreement
d. You agree to keep your application with Care Is Helping Affiliate Network updated with
current and accurate information (including WHOIS information) and, at all times, list the
web sites you are using to drive traffic to us. For domain names associated with your site
that are registered privately, the domain of your username/email address must match the
URL submitted with your application
e. You agree not to make any representations, either express or implied, or create an
appearance or impression, directly or indirectly, that a visitor to your site is visiting our
site, that a visitor to our site is visiting your site or that Care Is Helping endorses you or your site
or your products and services (for example, you are agreeing not to ”frame” any pages or
portions of our site)of. Care Is Helping is not obligated to make any representations, warranties or other statements concerning you, your site, your site policies or any of your products or services
6. Spy Ware
You agree not to participate in spy ware, ad ware or parasite ware techniques for driving traffic.
We reserve the right to research and investigate affiliates and their activities and, at our own
discretion, determine whether or not these practices are in place. Affiliates found in violation of
this policy will be immediately terminated from the Affiliate Program with any unpaid commissions
forfeited.
7. Publicity
Except for the material made available to you by Care Is Helping for your participation in the
Program, you shall not create, publish, distribute, or permit any material that makes reference to
Care Is Helping or the Program without first obtaining our explicit written consent which may
be granted or withheld at our sole discretion.
8. Policies and Pricing
Customers who buy Care Is Helping products and services through the Program are deemed to be
customers of Care Is Helping. As such, all of Care Is Helping policies and operating
procedures concerning customer orders, customer service, and product and service sales
shall apply. Care Is Helping shall own and retain all right, title and interest in all names,
addresses and other identifying information of customers visiting Our Site ("Customer Data")
which is collected by Care Is Helping, including without limitation, customers who access
Our Site from Your Site, and Affiliate shall have no right to use any such Customer Data.
You may not include price information in your product descriptions without our explicit consent.
You shall refer all questions, requests and queries regarding our products and services to us.
Affiliate does not have the authority to make or accept any offer on our behalf.
Care Is Helping reserves the right to withhold Affiliate commissions and/or terminate this Agreement
for Affiliates found to be in violation of this policy.
9. Commission Payment
Care Is Helping is neither responsible nor liable for any type of commission payments to you.
Care Is Helping handles and is solely responsible for any and all commission payments. Please visit
https://careishelping.com/terms-and-agreement under affiliates for more information regarding commission payment and timing of payments.
10. Licenses and Use of Logos and Trademarks
a. Care Is Helping grants you a limited, non-exclusive, non-transferable, revocable right to
(i) access our site through the Links solely in accordance with, and for the contemplated purpose
of, this Agreement, and (ii) to use the branded trademarked terms shown below (only in
the form(s) that they appear on the Care Is Helping Affiliate Program) solely in connection
with such Links, (collectively, the " Licensed Materials"), for the sole
purpose of promoting Care Is Helping products and services on your site. You may not copy,
distribute, alter, modify, reverse engineer, or create derivative works from the Licensed
Materials. Care Is Helping may revoke your license at any time by giving you notice. Any goodwill
arising out of your use of the Licensed Materials shall inure to the benefit of Care Is Helping only.
b. You shall not make any specific use of any Licensed Materials for purposes other than
promoting Care Is Helping products and services on your site. You agree not to use the
Licensed Materials in a manner that is misleading or deceptive or that disparages the
Program, Care Is Helping or its affiliates or any of its or their products or services, or that
otherwise portrays Care Is Helping, in its sole discretion, in a negative light. Care Is Helping
reserves all rights in the Licensed Materials. At no time during the Term or thereafter will you
challenge, or assist others in challenging, the validity of the Licensed Materials or the
registration thereof or attempt to register any confusingly similar trademarks, service
marks, logos, trade names or domain names. Except for the limited license set forth
above, no license or other rights to the Licensed Materials will be deemed granted to you
hereunder or in connection with the Program, by implication, estoppel or otherwise
c. You agree that any breach by you of your obligations regarding Licensed Materials during
the term or thereafter may result in irreparable injury to Care Is Helping for which there may be no
adequate remedy at law. Therefore, in the event of any breach or threatened breach of
such obligations of yours, Care Is Helping will be entitled to seek equitable relief in addition to its
other available legal remedies in a court of competent jurisdiction
d. You grant to Care Is Helping a non-exclusive license to use your names, titles, logos, and
trademarks (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in
any manner your participation in the Program and/or to further Care Is Helping’s rights hereunder.
Notwithstanding, we are not obligated to advertise, market, promote or publicize your
participation in our Program or the existence of, or any other aspect of the Program
e. The licenses granted hereunder shall run concurrently with the term of this Agreement
11. Term
This Agreement shall apply and be effective as of the date your Care Is Helping merchant link
Signup request is accepted and shall remain in effect for as long as you continue to participate
in the Program, or maintain Links to our site on your site. Either of us may terminate this
Agreement at any time, with or without cause, by giving the other party notice of such termination.
No commissions shall accrue or be earned by you after the Term. Affiliate is only eligible
to earn commissions on sales occurring during the term of this Agreement, and fees earned
through the date of termination will remain payable only if the related orders are not canceled
or returned. Care Is Helping may withhold Affiliate’s final payment for a reasonable time to
ensure that the correct amount is paid. If Care Is Helping has reason to believe
Affiliate’s orders/referrals were obtained fraudulently or through misrepresentation,
Care Is Helping shall have the right to withhold payment of commissions pending an
investigation of the suspected fraud or misrepresentation.Upon termination of this Agreement,
(a) all licenses hereunder shall terminate and (b) you shall immediately remove all
Licensed Materials from Your Site and cease using Care Is Helping
name, logos, trademarks, service marks, trade dress, and/or proprietary technology.
12. Program Modification
Care Is Helping may modify this Agreement or the Program terms at any time in its sole discretion.
You will be notified of any replacement of or changes to these Terms and Agreement by reviewing the update or revised effective date stated in the top section of the Terms and Agreement. You can visit the website https://careishelping.com/terms-and-agreement which is located at the bottom of the website(s) page(s). If you no long wish to be bound by the Program terms, as modified, you must immediately discontinue your participation in the Program and notify us accordingly. Your continued participation in the Program following any notice of change to this Agreement or the Program terms shall constitute your binding acceptance of the same as replaced or modified.
AFFILATE UNDERSTANDS THAT CARE IS HELPING MAY AT ANY TIME, DIRECTLY
OR INDIRECTLY, SOLICIT CUSTOMER REFERRALS AND ENTER INTO SIMILAR
AGREEMENTS ON TERMS THAT MAY BE THE SAME, SIMILAR OR DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR ENTER INTO AN AGREEMENT
WITH COMPETITORS OF AFFILIATE(S), OR MAY OPERATE WEB SITES THAT ARE
SIMILAR TO OR COMPETE WITH AFFILIATE’S WEBSITE(S). AFFILIATE
HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE TRANSACTIONS CONTEMPLATED HEREUNDER AND IT IS NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS SPECIFICALLY SET FORTH IN THIS AGREEMENT.
13. Relationship of Parties
You and Care Is Helping are independent contractors and nothing in this Agreement shall be
construed to create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship. You have no authority to make or accept any offers or representations
on behalf of Care Is Helping. You may not make any statement, whether on your site or otherwise,
that contradicts anything contained in this section.
14. Representations and Warranties
Each party represents to the other that it has the authority to enter into this Agreement and
sufficient rights to grant any licenses granted hereby. Affiliate represents that the contents
of Your Site and any domain names associated with Your Site do not (a) infringe on any
third party's copyright, patent, trademark, trade secret or other proprietary rights or right
of publicity or privacy; (b) violate any applicable law, statute, ordinance or regulation;
(c) contain defamatory or libelous material; (d) contain lewd, pornographic, or
obscene material; (e) violate any laws regarding unfair competition, anti-discrimination, or false
advertising; (f) promote violence or contain hate speech; or (g) contain viruses, trojan horses,
worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines.
Affiliate represents that it has and complies with a privacy policy consistent with federal and state
laws and regulations, which is prominently displayed on its website.
EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY
REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
15. Confidentiality
Except as otherwise provided herein or with the consent of the other party, each party agrees that
all information including, without limitation, business and financial information, customer and
vendor lists, and pricing and sales information, concerning Care Is Helping or you, or any other
Affiliate, provided by or on behalf of any of them shall remain strictly confidential and shall not
be used, directly or indirectly, by such party for its own business purposes or for any other
purpose except and solely to the extent that any such information is generally known or
available to the public through a source or sources other than such party hereto or its
affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy
of any such information (a) to any person pursuant to a subpoena issued by any court or
administrative agency, (b) to its accountants, attorneys, or other agents on a confidential
basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
16. Limitation of Liability
Care Is Helping makes no express or implied warranties or representations with
respect to the Program, our site or any Care Is Helping products or services sold through
the Program, including, without limitation, warranties of merchantability, fitness for a particular
purpose, non-infringement, or any implied warranties arising out of course of performance,
dealing, or trade usage. Care Is Helping makes no representation that the operation of our
site will be uninterrupted or error-free and we shall not be liable for the consequences
of any such interruptions or errors.
CARE IS HELPING SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA,
ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM OR YOUR
PARTICIPATION IN THE PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AVAILABLE WITH RESPECT
TO THIS AGREEMENT AND/OR THE PROGRAM OR ANY BREACH BY
CARE IS HELPING HEREOF SHALL BE TO TERMINATE YOUR PARTICIPATION IN
THE PROGRAM.
17. Indemnification
Affiliate agrees to indemnify, defend and hold harmless Care Is Helping and its affiliates, directors,
officers, employees, agents, contractors, and partners, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party,
arising out of a breach, or alleged breach, of any of its representations or obligations herein.
18. Jurisdiction/Venue
Any action to enforce this Agreement shall be brought in the American Arbitration Association
(AAA). There is no federal, state, county or city court by jury in this jurisdiction and/or in any other
location. The action will be held located in The state of Georgia in the county of Fulton and
Affiliate irrevocably consents to the jurisdiction of such courts.
19. References/Testimonials
The Affiliate agrees to cooperate with us in the development of testimonies and other such
marketing material. The Affiliate grants us unlimited rights to reference the Affiliate in any and
all marketing materials, without further compensation.
20. Notices
All notices from you to us, required under this Agreement shall be sent via United States mail,
postage prepaid, addressed as follows:
Care Is Helping, Inc
3343 Peachtree Road NE, Suite 145-2457
Atlanta, GA 30326
Attn: Affiliate Program Manager
Notices from us to you may be sent via United States mail, postage prepaid, facsimile, or
e-mail using the contact information on file held by Care Is Helping, Inc.
21. Integration
This Agreement constitutes the final and complete agreement between you and Care Is Helping
regarding the Program and supersedes all prior and contemporaneous, understandings,
agreements and communications, written or oral, with respect to the subject matter hereof.
22. Acknowledgement and Acceptance
By submitting this application and clicking the link below, I hereby certify that I am authorized
to act on behalf of Affiliate and that I have read and accepted the terms, conditions and
disclosures associated with this Agreement. When you register as a member and click https://careishelping.com/terms-and-agreement you have agreed and accepted this Affiliate Agreement.
19 . NONCOMPETE AGREEMENT
NON COMPETE AGREEMENT
GEORGIA NON-COMPETE AGREEMENT 1. THE PARTIES. This Non-Compete Agreement (the “Agreement”) made this effective date of Member Registration_ (mm/dd/yyyy), is made between: Company: Care Is Helping, Inc. (the “Company”), with a mailing address of 3343 Peachtree Road NE, Suite 145-2357 Atlanta, GA 30326 shall have ownership of this Agreement under which: Recipient: _ (the “Recipient”), with a mailing address of _, shall be bound. Hereinafter the Company and the Recipient shall be known separately as a “Party” and together as the “Parties.” 2. TERM. The Recipient shall be bound to this Agreement for the following term: Start Period: (check one) ☐ - Date of . (mm/dd/yy) ☐ - Beginning immediately after: _. ☐ - Other: _. End Period: (check one) ☐ - Date of _ (mm/dd/yyyy). ☐ - _ months after: _. ☐ - Other: _. The Start Period and the End Period shall together be known as the “Term.” 3. GEOGRAPHICAL LIMITS. The Recipient shall be bound to this Agreement with: (check one) ☐ - NO Geographical Limits. ☐x - Geographical Limits. The Recipient shall be bound to this Agreement ONLY in the following area(s): the worldwide web, internet, apps, social media, search engines, advertising and marketing channels,companies news media, audio, video, podcast, and/or any other electronic, software, Artificial Intelligence(A.I.) Technology, engineering, software development, web development, copyright, trademark, patent, service mark, domestic activities, business trade and business activities, worldwide activities products, and/or services in this area of service, and any other areas not stated herein. Hereinafter known as the “Geographical Limits.” 4. CONSIDERATION. The Parties agree that the execution of this Agreement is a condition of: ☐ - The employment of the Recipient. ☐ - Other: _. Page 2 of 4 5. NON-COMPETE. The Recipient is prohibited from engaging in the following behavior and activities: 6. NON-SOLICITATION. The Company shall have the following protections from the Recipient in accordance with this Agreement: (check all that apply) ☐ - Employees. The Recipient shall be prohibited from engaging with any former or current employees, members, contractors, affiliates, and similar parties of the Company under which a business relationship has been created. ☐ - Customers. The Recipient shall be prohibited from engaging with any former or current customers, clients, and similar parties of the Company under which a business relationship has been created. 7. PURCHASE OF RELEASE. The Parties agree that the Recipient: (check one) ☐ - Cannot Purchase a Release. The Recipient has no option, during the Term or any period thereafter, to purchase the rights of this Agreement from the Company for the purposes of waiving any liability or releasing themselves under this Agreement. ☐ - CANNOT Purchase a Release. The Recipient has no option, during the Term or any period thereafter, to purchase and waive all liability under this Agreement for any sum. The Company product(s) and/or service(s) is_NOT FOR SALE OR PURCHASE as payment to the Company. 8. CONFIDENTIAL INFORMATION. The Parties agree that the Recipient shall be prohibited from releasing confidential information. The Recipient shall be prohibited from expressing or sharing any and all technical and non-technical information provided by the Company, including but not limited to: data or other proprietary information relating to products, inventions, plans, methods, processes, know-how, developmental or experimental work, computer programs, databases, authorship, customer lists (including names, buying habits or practices of any clients), names of vendors or suppliers, marketing methods, reports, analyses, business plans, financial information, statistical information, or any other subject matter pertaining to any business of the Company or any of its respective clients, consultants, or licensees that is disclosed to the Recipient under the terms of this Agreement. a) Limitations. Confidential Information shall not include information which: i.) Has become generally known to the public through no wrongful act by the Recipient; ii.) Has been rightfully received by Recipient from a third party without restriction on disclosure and without breach of an obligation of confidentiality running either directly or indirectly to the Recipient; iii.) Has been approved for release to the general public by written authorization of the Company; Page 3 of 4 iv.) Has been disclosed pursuant to the requirement of a governmental agency or a court of law without similar restrictions or other protections against public disclosure; or v.) Has been independently developed by the Recipient without use, directly or indirectly, of the Company’s Confidential Information. b) Employees and Contractors. The Recipient agrees to disclose Confidential Information to any agents, affiliates, directors, officers, or any other Recipients, collectively known as the “Employees,” solely on a need-to-know basis and represents that such Employees have signed appropriate non-disclosure agreements or have taken appropriate measures imposing on such Employees a duty to third parties: i.) To hold any third-party proprietary information received by such Employees in the strictest confidence; ii.) Not to disclose such third-party Confidential Information to any other third party; and iii.) Not to use such Confidential Information for the benefit of anyone other than to whom it belongs, without the prior express written authorization of the Company. c) Best Practices. The Recipient acknowledges they may or may not have access to the Company’s Confidential Information and agrees that it shall not directly or indirectly divulge, disclose, or communicate any of the Confidential Information to any third party, except as may be required during any formal business association or dealings on behalf of the Company for any event, with the prior written approval of the Company. The Recipient acknowledges that no license of the Confidential Information, by implication or otherwise, is granted to the Recipient by reason of this Agreement. Additionally, the Recipient acknowledges that it may only use the Confidential Information in connection with its business dealings with the Company and for no other purpose without the prior written consent of the Company. d) Records. The Recipient further agrees that all Confidential Information, including, without limitation, any documents, files, reports, notebooks, samples, lists, correspondences, software, or other written or graphic records provided by the Company or produced using the Company’s Confidential Information, will be held strictly confidential and returned upon request to the Company. e) Return of Materials. Upon termination or expiration of this Agreement, or upon written request of the Company, the Recipient shall promptly return to the Company all physical and digital materials representing the Company's Confidential Information and all copies thereof. The Company shall notify the Recipient immediately upon discovery of any loss or unauthorized disclosure of the Confidential Information. 9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 10. SEVERABILITY. If any provisions of this Agreement or its applications are held to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of any other provisions and applications herein shall not in any way be affected or impaired. Page 4 of 4 11. REMEDIES. Should the Recipient breach any of the provisions of this Agreement, the Recipient agrees to reimburse the Company for any loss or expenses incurred by the Company as a result of any prohibited use or activity under this Agreement, including, without limitation, court costs and reasonable attorney's fees incurred by the Company in enforcing the provisions hereof. The Recipient further agrees that any unauthorized use or activity shall result in irreparable damage to the Company and that the Company shall be entitled to an award by any court of competent jurisdiction of a temporary restraining order and/or preliminary injunction against such unauthorized use or activity by the Recipient without the need to post a bond. Such remedies, however, shall not be deemed to be the exclusive remedies for any breach of this Agreement but shall be in addition to all other remedies available at law of equity. 12. ADDITIONAL TERMS (OPTIONAL). 13. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties and may only be modified by the signature of both Parties hereto.
Recipient Signature: _ Date: _
Print Name: _
Company Signature: _ Date: _
Print Name: _
20. NON-DISCLOSURE AGREEMENT (NDA)
NON-DISCLOSURE AGREEMENT (NDA)
GEORGIA NON-DISCLOSURE AGREEMENT (NDA) I. THE PARTIES. This Georgia Non-Disclosure Agreement (“Agreement”) created on the effective date of Membership, 20__ is by and between: 1st Party: Care Is Helping, Care Is Helping, Inc. (“1st Party”), with a mailing address of 3343 Peachtree Road NE, Suite 145-2457, Atlanta, GA 30326 , and 2nd Party: _ (“2nd Party”), with a mailing address of _. The 1st Party and 2nd Party are each referred to herein as a “Party” and, collectively, as the "Parties." This Agreement is made by the Parties to prevent the unauthorized disclosure of confidential and proprietary information. The Parties agree as follows: II. TYPE OF NDA. (check one) ☐x - Unilateral. This Agreement shall be considered unilateral. Therefore, the 1st Party shall have sole ownership of the Confidential Information, with the 2nd Party being prohibited from disclosing confidential and proprietary information that is or has been released by the 1st Party. ☐ - Mutual. This Agreement shall be considered mutual. Therefore, both Parties shall be prohibited from disclosing confidential and proprietary information that is or has been shared between one another. III. PURPOSE. The purpose of this Agreement is for: (check one) ☐ - Employment ☐ - Contract Work (contractor, consultant, etc.) ☐ - Business Partnership ☐ - Sale of a Business ☐x - Other. Personal Member and/or Business Member, and/or Affiliate_. IV. CONFIDENTIAL INFORMATION. For the purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, documents, records, information and data (whether verbal, electronic or written), drawings, models, apparatus, sketches, designs, schedules, product plans, marketing plans, technical procedures, manufacturing processes, analyses, compilations, studies, software, prototypes, samples, formulas, methodologies, formulations, product developments, patent applications, knowhow, experimental results, specifications and other business information, relating to the Party’s business, assets, operations or contracts, furnished to the other Party and/or the other Party’s affiliates, employees, officers, owners, agents, consultants or representatives, in the course of their work contemplated in this Agreement, regardless of whether such Confidential Information has been expressly designated as confidential or proprietary. Confidential Information also includes any and all work products, studies, and other material prepared by or in the possession or control of the other Party, which contain, include, refer to, or otherwise reflect or are generated from any Confidential Information. Page 2 of 2 However, Confidential Information does not include: (a) information generally available to the public; (b) widely used programming practices or algorithms; (c) information rightfully in possession of the Parties prior to signing this Agreement; and (d) information independently developed without the use of any of the provided Confidential Information. V. OBLIGATIONS. The obligations of the Parties shall be to always hold and maintain the Confidential Information in the strictest of confidence and to their agents, employees, representatives, affiliates, and any other individual or entity that is on a “need to know” basis. If any such Confidential Information shall reach a third (3rd) party, or become public, all liability will be on the Party that is responsible. Neither Party shall, without the written approval of the other Party, publish, copy, or use the Confidential Information for their sole benefit. If requested, either Party shall be bound to return any and all materials to the Requesting Party as soon as possible. This Section shall not apply to the 1 st Party if this Agreement is Unilateral as marked in Section II. VI. TIME PERIOD. The bounded Party’s(ies’) duty to hold the Confidential Information in confidence shall remain in effect until such information no longer qualifies as a trade secret or written notice is given releasing such Party from this Agreement. VII. INTEGRATION. This Agreement expresses the complete understanding of the Parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing with the acknowledgment of the Parties. VIII. SEVERABILITY. If a court finds that any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best affect the intent of the Parties. IX. ENFORCEMENT. The Parties acknowledge and agree that due to the unique and sensitive nature of the Confidential Information, any breach of this Agreement would cause irreparable harm for which damages and/or equitable relief may be sought. The harmed Party in this Agreement shall be entitled to all remedies available at law. X. GOVERNING LAW. This Agreement shall be governed under the laws in the State of Georgia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. 1 st Party’s Signature _ Print Name _ 2nd Party’s Signature _ Date _
21. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND NY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to your or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Service. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
23. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.
24. DISPUTE RESOLUTION
Informal Negotiations
Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and or file or participate in any class action lawsuit(s), collective, or other representative action. You agree to proceed with any claim individually and not as part of a class action.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal terms (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THESE TERMS AND AGREEMENT IS A MANDATORY ARBITRATION AGREEMENT RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO WAIVE YOUR RIGHTS TO ANY CLAIM OR PART OF A CLASS ACTION. YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for consumer Related Disputes (“AAA Consumer Rules”),both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, throught the submission of documents, by video conferencing, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award my be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fulton County, Georgia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
All Arbitration cases shall be commenced in the state and federal courts located in Fulton, Georgia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of United Nations Convention on Contracts for the international Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
Exceptions to Informal Negotiations and Arbritration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use, and (c ) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute within any other courts, only in the court listed for arbritration and the Parties agree to submit to the personal jurisdiction in Fulton, Georgia.
25. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
26. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETNESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVER
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTIZED OR OFFERED BY A THIRD PARTY OR ANY WEBSITE OR MOBILE APPLICATION OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBER(S), THIRD-PARTY(IES), CONTRACTORS, AFFILIATES, PARTNERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, employees, agents, member(s), partners, third-party(ies), contractors, and affiliates, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
29. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVER OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waiver any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
31. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
32. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There may be joint venture, partnership, and/or contracting agreements concerning tangible property, commercial, residential, properties, land, equipment, business, franchise(s), stocks, commodities, mortgage and business notes, and/or instruments, and/or other transaction(s), sale, purchase, use and/or other contracting agreements outline or drafted and agreed upon. Except in the cases previously stated and outlined, drafted and agreed upon there is no joint venture, partnership, ownership rights, investing rights, investment in ownership of the company, security holding, shared ownership of the company, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waiver any and all defenses you may have based on the electronic form of the Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. By you clicking “I Agree to the Terms and Agreement” in any electronic, online, internet, website, mobile app, apps,third party platform(s), search engine(s), advertisements, marketing, email, and/or printed or any other documented form, you agree to accept and be binding to this agreement.
33. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us: PLEASE NOTE: ALL REQUEST FOR SERVICE(S) MUST BE SUBMITTED VIA EMAIL: support@careishelping.com
Care Is Helping, Inc.
3343 Peachtree Road NE Suite 145-2457
Atlanta, GA 30326
United States
Phone: (855)7CAREIS or (855)722-734
Copyright © 2023-2024 Care Is Helping is a Distinctive Quality Trademark Service of care is helping, Inc. All Rights Reserved.
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