Terms of Service
Policies that apply to your account and use of this site
Last revised on May 24, 2018, effective as of May 25, 2018
By using the Helprace.com website, you agree to be bound by the Terms of Service between you (referred to you as an individual and to the entity you represent) and Stuffix Inc. (referred to in these Terms of Service as “Stuffix”, “us”, “we” or “our”), the provider of the Helprace website and services accessible from the Helprace website (Collectively referred to herein as the “Helprace Service”)
If you do not agree to be bound by these Terms of Service, do not use the Helprace Service. If you violate any of these Terms of Service we reserve the right to immediately cancel, block or disable your account without further notice.
We reserve the right to update and change the Terms of Service without notice.
Your Account
Registration. Your Helprace account must not be registered by a bot or in an automated fashion. Accounts must be registered by a human being 16 years old or older.
Registration information. You must provide your name, email address, and any other information required by Stuffix to complete the signup process.
Password. You are responsible for maintaining the security of your account password. Stuffix will not be liable for any loss or damage from your failure to comply with this security obligation. Our Privacy Policy governs personally identifiable information.
Content Restrictions. You may not use the Helprace Service for any illegal or unauthorized purpose. You may not, while using the Helprace Service, violate any laws in your jurisdiction including, among any copyright laws, the following:
Infringe with or circumvent the security features of Helprace Service, or any feature that enforces or restricts limitations of use of the Helprace Service, including altering or obfuscating any banner, legend, notice or warning contained in the Helprace service;
Distribute a virus, door, trap door, or any type of disruptive code, program or mechanism;
Infringe in any way on the rights of others, including statements that may harass, defame, threaten others;
Contain or advocate content that is violent, pornographic, offensive, obscene, fraudulent, deceptive, harassing, abusive, slanderous, hateful or causing embarrassment;
Deliberately mislead or misinterpret your identity, or falsely identifying the source of any information.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts, unless your company pays for services annually, in which case wire transfer payments can be accepted. Free accounts are not required to provide a credit card number.
The Helprace Service is billed in advance on a monthly or annual basis in accordance with our pricing schedule. Partial refunds are issued in the case of an Upgrade, Downgrade or Cancellation of the Helprace Service subscriptions. Downgrading your Helprace Service may cause loss of content, features or capability of your Account. Stuffix does not accept any liability for such losses.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. In all other cases you agree to pay for any taxes that might be applicable to your use of the Helprace Service.
Violation of these Terms of Service
We have explicit right to investigate and prosecute any violations of these Terms of Service, including cooperating with law enforcement authorities in such matters. You also acknowledge that Stuffix has no obligation to prescreen or monitor your access to or use of the Helprace Service or any information, materials, content provided or made available through the Helprace Service (but reserves the right to do so). You understand and agree that Stuffix may, at our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service.
Account Deletion
You are solely responsible for properly deleting your account. You can delete your account at any time from the “Subscription & Billing” page on the Settings Page in your Account. Only Helprace Users with the Owner role of an Account have access to this page. See this article for step-by-step instructions.
Any deletion of your account will result in the deactivation of your account and the removal of all content in your account. This information can be restored by request of the Account Owner to Stuffix during a 14-day period. Deleted accounts cannot be recovered or restored by Stuffix following this 14-day period. Stuffix may, for a time, retain residual account information in backup and/or archival copies of the database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Account Cancellation and Termination
Stuffix reserves the right to terminate any free accounts that do not have any activity (replies, topics, or logins) for sixty (60) days, or trial accounts thirty (30) days after expiration.
Stuffix has the right to suspend or terminate any account that breaches these Terms of Service for any reason at any time. Stuffix may also terminate a free account at any time in its sole discretion. Termination of your account will result in the deactivation or deletion of your account, access to your account, and the removal of all content in your account.
Modifications to Helprace Service and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Helprace Service (or any part thereof) with or without notice. However, we will make the best effort to notify customers of any upcoming system maintenance and/or service disruptions. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Helprace Service.
Any new features that impact your Helprace Service, including the release of new tools and resources, will be subject to these Terms of Service.
We reserve the right to change, modify, add to, supplement or delete portions of these Terms of Service from time to time without notice. We will use reasonable commercial efforts to provide you with notification of any substantial changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Helprace Service. Following any revision to these Terms of Service, your continued use of the Helprace Service constitutes your agreement and acceptance of any and all changes to the Terms of Service.
Prices of all Helprace Service plans are subject to change. If Stuffix does for any reason have to remove the plan you are on or require an upgrade to a different plan, we will provide you with at least six (6) months notice via email.
Intellectual Property and Content Ownership
We claim no ownership rights over the content submitted or created exclusively by you in your Helprace Service account. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Helprace Service to you.
Similarly, any reporting data we collect from your use of the Helprace Service remains yours. By using the Helprace Service you agree that we can use this data to provide the Helprace Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to use it to provide the Helprace Service.
The contents of the Helprace Service are copyrighted under the United States copyright laws (© 2018 – Stuffix Inc. dba Helprace). Helprace, and the Helprace logos, are trademarks of Stuffix and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Helprace Service.
Account Access
In some cases, it is necessary for Stuffix employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Stuffix employees to access your account if necessary, in order to assist you. If you wish to receive assistance without granting permission to your account, clearly specify this in your communication with our support team and those requests will be honored to the extent possible.
Indemnification
You agree to indemnify and hold Stuffix, its subsidiaries, affiliates, directors, officers, partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Helprace Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party that is using your account.
Disclaimer
The Helprace Service and its contents are provided “as is” and “as available” basis without any warranty or representations of any kind, whether express or implied. Stuffix is a distributor and not a publisher of the content supplied by third parties; as such, Stuffix exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or is accessible via the Helprace Service. Stuffix is not liable for any actual and alleged defamatory, offensive, illegal or lewd conduct of other users or any other third parties.
Without limiting the foregoing, Stuffix specifically disclaims all warranties and representations in any content transmitted on or in connection with the Helprace Service or on sites that may appear as links on the Helprace Service, or in the products provided as a part of, or in connection with, the Helprace Service, including without limitation any warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. Without limiting the foregoing, Stuffix does not warrant that the Helprace Service be uninterrupted, uncorrupted, timely, error-free.
Limitation of Liability
Stuffix will not be liable for any direct, indirect, incidental, special, consequential or any exemplary damages; loss of profits, data, goodwill, use, or any other intangible losses; business interruptions in any way whatsoever arising out of the use of, or inability to use, the Helprace Service. You also acknowledge and agree that Stuffix’ maximum liability to you will not exceed the amount you have paid Stuffix in the ninety (90) days immediately preceding the date on which you first assert a claim.
As with the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages whatsoever, including personal injury, property, monetary, data; loss of goodwill, work, technology capability or malfunction; cost of substitute goods, services caused by or related to the use of, or inability to use, the Helprace Service, under any cause or action of any jurisdiction.
Miscellaneous
If a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, The rest of these Terms of Service will continue in full force and full effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Stuffix. Stuffix will be entitled to injunctive or other equitable relief (without any obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Helprace Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Persons who choose to access the Helprace Service from their 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. These Terms of Service (which include and incorporate the Stuffix Privacy Policy) contain the entire understanding, and supersede all prior understandings, between you and Stuffix concerning its subject matter, and cannot be changed or modified by you.
The section headings used herein are for convenience only and will not be given any legal importance.
