Privacy Policy.
PRIVACY STATEMENT
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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at helpershand2012@gmail.com or mailing us at:
Helpers Hand Delivery
P.O.Box 342420 Milwaukee Wisconsin US 53234
SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 - Helpers Hand Delivery LLC
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at helpershand2012@gmail.com or by mail at
Helpers Hand Delivery
[Re: Privacy Compliance Officer]
P.O.Box 342420 Milwaukee Wisconsin US 53234
Terms and Conditions, Return Policy & Privacy Policy
Return Policy
Returns
Our policy lasts 15 days. If 15 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. Helpers Hand Delivery offers return/ exchange services ( $10 Service FEE ), however the customer must pay for an additional delivery fee ($5/min. up to 5 miles and $1/mile after the first 5 miles).
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
Gift cards
Downloadable software products
Some health and personal care items
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at helpershand2012@gmail.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only offer return services for items if they are defective or damaged. If you need to exchange it for the same item, please call the original store of purchase to arrange your exchange and then call us to arrange for item return pick up time.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order delivered to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping Return To Manufacturer
In some cases you may be required to ship your return due to manufacturer product defects, you should mail your product to the manufacturer.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Terms and Conditions
YOUR USE OF THE HELPERS HAND DELIVERY WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING THE HELPERS HAND DELIVERY WEBSITE YOU AGREE TO THESE TERMS & CONDITIONS.
Any person or entity who interacts with the HELPERS HAND DELIVERY WEBSITE through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the HELPERS HAND DELIVERY WEBSITE. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the HELPERS HAND DELIVERY WEBSITE. Certain areas within the HELPERS HAND DELIVERY WEBSITE may be governed by additional terms ("Additional Terms"). By using those areas of the HELPERS HAND DELIVERY WEBSITE, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
CONTENT
All content included on the HELPERS HAND DELIVERY WEBSITE, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively "Content") is owned or licensed property of Helpers Hand Delivery or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the HELPERS HAND DELIVERY WEBSITE is the exclusive property of Helpers Hand Delivery L.L.C. and protected by U.S. and international copyright laws. Helpers Hand Delivery L.L.C. and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Helpers Hand Delivery grants you a limited license to access and make personal use of the HELPERS HAND DELIVERY WEBSITE and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the HELPERS HAND DELIVERY WEBSITE or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The HELPERS HAND DELIVERY WEBSITE is intended for use by individuals 13 years of age or older. If you are under 18, you may use this HELPERS HAND DELIVERY WEBSITE only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
The HELPERS HAND DELIVERY WEBSITE may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this HELPERS HAND DELIVERY WEBSITE, you warrant to Helpers Hand Delivery that you will not use the HELPERS HAND DELIVERY WEBSITE for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
a. (a) Make any commercial use of the HELPERS HAND DELIVERY WEBSITE or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
b. (b) download, copy, or transmit any Content for the benefit of any other merchant;
c. (c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the HELPERS HAND DELIVERY WEBSITE other than the search engine and search agents provided by Helpers Hand Delivery or generally publicly available browsers;
d. (d) frame, mirror, or use framing techniques on any part of the HELPERS HAND DELIVERY WEBSITE without Helpers Hand Delivery’s express prior written consent;
e. (e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing HELPERS HAND DELIVERY WEBSITE content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
f. (f) use any meta tags or any other hidden text utilizing Helpers Hand Delivery's name or marks;
g. (g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the HELPERS HAND DELIVERY WEBSITE, or express or imply that we endorse any statement you make;
h. (h) use a buying agent to conduct transactions on the HELPERS HAND DELIVERY WEBSITE;
i. (i) conduct fraudulent activities on the HELPERS HAND DELIVERY WEBSITE;
j. (j) violate or attempt to violate the security of the HELPERS HAND DELIVERY WEBSITE, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the HELPERS HAND DELIVERY WEBSITE; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the HELPERS HAND DELIVERY WEBSITE, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the HELPERS HAND DELIVERY WEBSITE (impersonating the Helpers Hand Delivery HELPERS HAND DELIVERY WEBSITE) or to the HELPERS HAND DELIVERY WEBSITE (impersonating another user);
k. (k) send unsolicited or unauthorized email on behalf of Helpers Hand Delivery, including promotions and/or advertising of products or services;
l. (l) tamper with the HELPERS HAND DELIVERY WEBSITE or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the HELPERS HAND DELIVERY WEBSITE or any activity being conducted on the HELPERS HAND DELIVERY WEBSITE;
m. (m) use the HELPERS HAND DELIVERY WEBSITE to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
n. (n) harvest or collect personally identifiable information about other users of the HELPERS HAND DELIVERY WEBSITE;
o. (o) restrict or inhibit any other person from using the HELPERS HAND DELIVERY WEBSITE (including, without limitation, by hacking or defacing any portion of the HELPERS HAND DELIVERY WEBSITE);
p. (p) use the HELPERS HAND DELIVERY WEBSITE to advertise or offer to sell or buy any goods or services without Helpers Hand Delivery's express prior written consent;
q. (q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the HELPERS HAND DELIVERY WEBSITE;
r. (r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the HELPERS HAND DELIVERY WEBSITE; or
s. (s) remove any copyright, trademark, or other proprietary rights notice from the HELPERS HAND DELIVERY WEBSITE or materials originating from the HELPERS HAND DELIVERY WEBSITE.
YOUR ACCOUNT
You may be required to register with Helpers Hand Delivery in order to access certain services or areas of the HELPERS HAND DELIVERY WEBSITE. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the HELPERS HAND DELIVERY WEBSITE, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Helpers Hand Delivery including those set forth in these Terms & Conditions, Helpers Hand Delivery reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION
Helpers Hand Delivery may at any time: (i) modify or discontinue any part of the HELPERS HAND DELIVERY WEBSITE; (ii) charge, modify, or waive fees required to use the HELPERS HAND DELIVERY WEBSITE; or (iii) offer opportunities to some or all HELPERS HAND DELIVERY WEBSITE users. Helpers Hand Delivery reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the HELPERS HAND DELIVERY WEBSITE. Each time you use the HELPERS HAND DELIVERY WEBSITE, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the HELPERS HAND DELIVERY WEBSITE will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the HELPERS HAND DELIVERY WEBSITE will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Helpers Hand Delivery reserves the right, without notice and in its sole discretion, to terminate your account or your use of the HELPERS HAND DELIVERY WEBSITE and to block or prevent future access to and use of the HELPERS HAND DELIVERY WEBSITE (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the HELPERS HAND DELIVERY WEBSITE will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the HELPERS HAND DELIVERY WEBSITE. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
Helpers Hand Delivery welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the HELPERS HAND DELIVERY WEBSITE ("User Content") as long as the User Content submitted by you complies with these Terms & Conditions as well as Helpers Hand Delivery's
General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Helpers Hand Delivery assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Helpers Hand Delivery a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Helpers Hand Delivery the right to include the name provided along with the User Content submitted by you; provided, however, Helpers Hand Delivery shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the HELPERS HAND DELIVERY WEBSITE. Please note that HELPERS HAND DELIVERY WEBSITE visitors may post content that is inaccurate, misleading, or deceptive. Helpers Hand Delivery neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Helpers Hand Delivery will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Helpers Hand Delivery.
TRANSACTIONS
If you wish to purchase any product or service made available through the HELPERS HAND DELIVERY WEBSITE (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Helpers Hand Delivery the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the HELPERS HAND DELIVERY WEBSITE are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the HELPERS HAND DELIVERY WEBSITE does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this HELPERS HAND DELIVERY WEBSITE. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Helpers Hand Delivery reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the HELPERS HAND DELIVERY WEBSITE, at the price(s) in effect when such charges are incurred including, without limitation, all delivery and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Helpers Hand Delivery or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
HELPERS HAND DELIVERY ACCOUNTS
By subscribing to Helpers Hand Delivery Accounts, you accept all of these terms, conditions, limitations and requirements.
ACCOUNT ELIGIBILITY
Your account with Helpers Hand Delivery Accounts is personal to you, and you may not assign or transfer your account, or any of its benefits, to any third party without Helpers Hand Delivery's authorization.
If any problems arise with your account account, the delivery address or payment method connected with your account that Helpers Hand Delivery is unable to resolve, we will notify you through the email address associated with your account and your account order will be canceled. No additional account orders will be delivery until the problem has been resolved. Even if a particular account order is canceled, your enrollment in Helpers Hand Delivery Accounts will remain in effect, and Helpers Hand Delivery will attempt to process the next account order based on the delivery frequency you have chosen.Any returns related to Helpers Hand Delivery Accounts are subject to Helpers Hand Delivery’s Return Policy.
PAYMENT, CANCELLATION, CHANGES, AND RENEWAL
Only valid credit cards or a Helpers Hand Delivery Debit Card can be used to enroll Helpers Hand Delivery Accounts and to make account service purchases. You cannot use a debit card, other than the Helpers Hand Delivery Debit Card, to pay for Helpers Hand Delivery Account services. Helpers Hand Delivery GiftCards may be used as payment for the initial order however, a valid credit card or Helpers Hand Delivery Debit Card will still be required at the time of the order, and will be used for payment on the subsequent account orders. PayPal cannot be used for orders that include a account at this time.
The cost of each account order may vary. After your first order, the total cost for each account order will be the cost of the item on the day we send you an email notice confirming your account order plus sales tax, if any. Applicable discounts or promotions in effect at the time we confirm the price of your account order will be applied to your order.
Your initial order will be processed when you set up the account. You can also view the amount and delivery date of each account order by visiting Order History on your Helpers Hand Delivery account and viewing the order details. The amount of each account order will be billed to the credit card or Helpers Hand Delivery Debit Card you authorize for Helpers Hand Delivery Accounts purchases, and your card will be billed on the day your account order is delivery.
If you want to change or cancel your account, you can do so at any time in My Account on Helpers Hand Delivery Your account will remain in effect until it is canceled. To prevent additional shipments of a account order or to change a account, you must cancel or change your account before the next account order is delivery.
If your account is canceled and then you reenroll in Helpers Hand Delivery Accounts, any discount applied to the original account may be different than any discounts or promotions available at the time you reenroll in the account service.
HELPERS HAND DELIVERY'S RIGHT TO TERMINATE
Helpers Hand Delivery reserves the right, without notice and in its sole discretion, to terminate your account (i) if you violate any of these Terms of Service, (ii) for any reason, or (iii) for no reason. Upon any such termination, your account benefits will immediately cease and you will only be charged for orders that have been delivery to you. Helpers Hand Delivery reserves the right to change any benefits offered through its account service, including discounts and other promotional offers, at any time in Helpers Hand Delivery’s sole discretion. All changes will apply to future orders, regardless of whether you are currently a subscriber.
COLORS
Helpers Hand Delivery strives to display as accurately as possible the colors of the products shown on the HELPERS HAND DELIVERY WEBSITE; however, Helpers Hand Delivery cannot and does not guarantee that your monitor's display of any color will be accurate.
VIDEO, MOVIE, TV PROGRAM, AND COMPUTER GAME RATINGS
Helpers Hand Delivery participates in the video and computer game industry's standardized rating system developed by the Entertainment Software Rating Board (ESRB), and in the Motion Picture Association of America (MPAA) ratings system. ESRB ratings are placed on game packaging and MPAA ratings are placed on movie and television show packaging to let you know the nature of the content and the ages for which the game or movie is appropriate. You can find this information on the item description page for the game or movie, and you can also learn more by going to ESRB Guidelines. Helpers Hand Delivery does not sell games rated "AO: Adult Only" or movies rated NC-17. Games rated "M: Mature" and movies rated R are intended for mature audiences only and are noted as such on this HELPERS HAND DELIVERY WEBSITE. By ordering any "M: Mature" rated game, certain "RP: Rating Pending" games, an R-rated movie, or certain "NR: Not Rated" movies, you are certifying that you are at least 17 years of age.
MOBILE APPLICATION USERS
The following provisions apply to users of Helpers Hand Delivery mobile applications (each, an “Application”):
Users of the Apple Application
If you download and/or use our Application(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the Application is considered the “Licensed Application” as defined in the LAEULA and Helpers Hand Delivery is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Helpers Hand Delivery, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional account or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. Helpers Hand Delivery makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
LIMITATIONS ON QUANTITY
Helpers Hand Delivery does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or delivery address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS, AND INACCURACIES
Helpers Hand Delivery's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or delivery or that the price or availability of an item has been confirmed. Helpers Hand Delivery makes a conscientious effort to describe and display its products and services accurately on the HELPERS HAND DELIVERY WEBSITE. Despite these efforts, a small number of items on the HELPERS HAND DELIVERY WEBSITE may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the HELPERS HAND DELIVERY WEBSITE and in our advertising on other HELPERS HAND DELIVERY WEBSITEs. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Helpers Hand Delivery reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our delivery procedures, we verify the availability and the price before an item is delivery. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Please see our Pricing Policy for more details. The Pricing Policy is incorporated into these Terms & Conditions in its entirety.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the HELPERS HAND DELIVERY WEBSITE passes to the purchaser upon delivery to the carrier.
GIFT CARDS AND CERTIFICATES
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Wisconsin. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
RETURNS
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms & Conditions in its entirety.
EXPORT POLICY
You agree that any purchased goods licensed or sold on the HELPERS HAND DELIVERY WEBSITE, which may include technology and software, and all software, including all HTML code and controls that are contained on the HELPERS HAND DELIVERY WEBSITE, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the HELPERS HAND DELIVERY WEBSITE, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
FINANCIAL DISCLOSURE
Forward Looking Statements
The HELPERS HAND DELIVERY WEBSITE, and any documents issued by us and available through the HELPERS HAND DELIVERY WEBSITE, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words "expect," "may," "could," "believe," "would," "might," "anticipates," or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the HELPERS HAND DELIVERY WEBSITE. Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the HELPERS HAND DELIVERY WEBSITE shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of Helpers Hand Delivery used in connection with the offering or sale of securities.
Webcasts Calls
We provide links and access to third-party web HELPERS HAND DELIVERY WEBSITEs or services that contain information that is provided as a service to those interested in the information. Helpers Hand Delivery neither regularly monitors nor assumes responsibility for the content of third parties' statements or web HELPERS HAND DELIVERY WEBSITEs. Accordingly, Helpers Hand Delivery does not endorse or adopt these web HELPERS HAND DELIVERY WEBSITEs or any information contained therein. Helpers Hand Delivery makes no representations or warranties whatsoever regarding their accuracy or completeness.
DMCA NOTICE–NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Helpers Hand Delivery's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the HELPERS HAND DELIVERY WEBSITE can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Helpers Hand Delivery's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Helpers Hand Delivery that your copyrighted material has been infringed. Helpers Hand Delivery does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Helpers Hand Delivery will respond by either taking down the allegedly infringing content or blocking access to it. Helpers Hand Delivery may contact the notice provider to request additional information. Under the DMCA, Helpers Hand Delivery is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Helpers Hand Delivery a counter-notification. Notices and counter-notices are legal notices distinct from regular HELPERS HAND DELIVERY WEBSITE activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. (a) Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
2. (b) Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the HELPERS HAND DELIVERY WEBSITE. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. (c) Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. (d) If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. (e) Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. (f) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
7. (g) Be signed; and
8. (h) Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Helpers Hand Delivery Brands, Inc.
Po Box 342420
Milwaukee, Wisconsin 53234
Phone (414)502-7087
Email: info@helpers-hand-delivery.com
LINKS TO THIRD-PARTIES' WEBHELPERS HAND DELIVERY WEBSITES
The HELPERS HAND DELIVERY WEBSITE may contain links and interactive functionality interacting with the webHELPERS HAND DELIVERY WEBSITEs of third parties, including social HELPERS HAND DELIVERY WEBSITEs and product manufacturers' HELPERS HAND DELIVERY WEBSITEs. Helpers Hand Delivery is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such webHELPERS HAND DELIVERY WEBSITE. Before enabling any sharing functions of the HELPERS HAND DELIVERY WEBSITE to communicate with any such webHELPERS HAND DELIVERY WEBSITE or otherwise visiting any such webHELPERS HAND DELIVERY WEBSITE, Helpers Hand Delivery strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party webHELPERS HAND DELIVERY WEBSITE. The links and interactive functionality for third-party HELPERS HAND DELIVERY WEBSITEs on the HELPERS HAND DELIVERY WEBSITE do not constitute an endorsement by Helpers Hand Delivery of such third-party HELPERS HAND DELIVERY WEBSITEs. Other HELPERS HAND DELIVERY WEBSITEs may link to the HELPERS HAND DELIVERY WEBSITE with or without our authorization, and we may block any links to or from the HELPERS HAND DELIVERY WEBSITE. YOUR
USE OF THIRD-PARTY WEBHELPERS HAND DELIVERY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
Helpers Hand Delivery cannot and does not represent or warrant that the HELPERS HAND DELIVERY WEBSITE or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE HELPERS HAND DELIVERY WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HELPERS HAND DELIVERY WEBSITE (COLLECTIVELY, THE "HELPERS HAND DELIVERY WEBSITE CONTENTS") ARE PROVIDED BY HELPERS HAND DELIVERY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HELPERS HAND DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HELPERS HAND DELIVERY WEBSITE, THE ACCURACY OR COMPLETENESS OF THE HELPERS HAND DELIVERY WEBSITE CONTENTS, OR THAT EMAILS SENT FROM HELPERS HAND DELIVERY ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HELPERS HAND DELIVERY WEBSITE IS AT YOUR SOLE RISK. HELPERS HAND DELIVERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE HELPERS HAND DELIVERY WEBSITE OR THE HELPERS HAND DELIVERY WEBSITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, HELPERS HAND DELIVERY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE HELPERS HAND DELIVERY WEBSITE AND THE HELPERS HAND DELIVERY WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
HELPERS HAND DELIVERY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR HELPERS HAND DELIVERY WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR HELPERS HAND DELIVERY WEBSITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the HELPERS HAND DELIVERY WEBSITE, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party HELPERS HAND DELIVERY WEBSITEs. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE HELPERS HAND DELIVERY WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY HELPERS HAND DELIVERY WEBSITE, OR ANY LINK CONTAINED IN A LINKED HELPERS HAND DELIVERY WEBSITE. If you decide to link to any such third-party HELPERS HAND DELIVERY WEBSITEs, you do so entirely at your own risk.
JURISDICTIONAL ISSUES
The HELPERS HAND DELIVERY WEBSITE is controlled and operated by Helpers Hand Delivery from the United States, and is not intended to subject Helpers Hand Delivery to the laws or jurisdiction of any state, country or territory other than that of the United States. Helpers Hand Delivery does not represent or warrant that the HELPERS HAND DELIVERY WEBSITE or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the HELPERS HAND DELIVERY WEBSITE, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the HELPERS HAND DELIVERY WEBSITE's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
HEALTHCARE INFORMATION
THE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE HELPERS HAND DELIVERY WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE INFORMATION CONTAINED ON THE HELPERS HAND DELIVERY WEBSITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HELPERS HAND DELIVERY OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE HELPERS HAND DELIVERY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF HELPERS HAND DELIVERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND HELPERS HAND DELIVERY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HELPERS HAND DELIVERY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE HELPERS HAND DELIVERY WEBSITE, ANY CONTENT ON THE HELPERS HAND DELIVERY WEBSITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HELPERS HAND DELIVERY WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE HELPERS HAND DELIVERY WEBSITE, THAT YOUR USE OF THE HELPERS HAND DELIVERY WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the HELPERS HAND DELIVERY WEBSITE, you agree to defend, indemnify, and hold harmless Helpers Hand Delivery and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the HELPERS HAND DELIVERY WEBSITE, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Helpers Hand Delivery shall be sent by mail to Helpers Hand Delivery.com Guest Services, P.O. Box 34234, Milwaukee, WI 53234. In the case of notices Helpers Hand Delivery sends to you, you consent to receive notices and other communications by Helpers Hand Delivery posting notices on the HELPERS HAND DELIVERY WEBSITE, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Helpers Hand Delivery provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the HELPERS HAND DELIVERY WEBSITE or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in digital form.
RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the HELPERS HAND DELIVERY WEBSITE may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as ourPrivacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
FILTERING
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following webHELPERS HAND DELIVERY WEBSITEs:
(i) GetNetWise (http://kids.getnetwise.org/); and (ii) OnGuard Online(http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such webHELPERS HAND DELIVERY WEBSITEs.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the HELPERS HAND DELIVERY WEBSITE, please send an email to account service@ Helpers Hand Delivery.com. You may also contact us by writing to Helpers Hand Delivery.com Guest Services, P.O. Box 342420 Milwaukee, WI 53234 or by calling us at (414) 502-7087. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE HELPERS HAND DELIVERY WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, UNITED STATES OF AMERICA, WITHOUT REGARD TO WISCONSIN'S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WISCONSIN, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WISCONSIN, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF WISCONSIN LOCATED IN HENNEPIN COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE HELPERS HAND DELIVERY WEBSITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
MISCELLANEOUS
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Helpers Hand Delivery with respect to the HELPERS HAND DELIVERY WEBSITE and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the HELPERS HAND DELIVERY WEBSITE. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
CONTACT US
If you have any concerns about Helpers Hand Delivery or your use of the HELPERS HAND DELIVERY WEBSITE, please contact us with a detailed description, and we will try to resolve it.