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yright in the content or these terms and conditions may be enforced by helploom or the copyright owner to the fullest extent allowed by law 2 service availability and account access you acknowledge and agree that helploom may stop permanently or temporarily providing the services or any features within the services to you or to users generally at helploom s sole discretion without prior notice to you you may stop using the services at any time you do not need to specifically inform helploom when you stop using the services you acknowledge and agree that if helploom disables access to your account you may be prevented from accessing the services your account details or any files or other materials which is contained in your account 3 permitted access and use you agree not to access or attempt to access any of the services by any means other than through the interface that is provided by helploom unless you have been specifically allowed to do so in a separate agreement with helploom you agree that you will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services unless you have been specifically permitted to do so in a separate agreement with helploom you agree that you will not reproduce duplicate copy sell trade or resell the services for any purpose you agree that you are solely responsible for and that helploom has no responsibility to you or to any third party for any breach of your obligations under this agreement and for the consequences including any loss or damage which helploom may suffer of any such breach 4 mobile application and carrier charges helploom does not charge for access using its mobile application however your carrier rates will apply such as fees for text messaging and data charges you hereby acknowledge agree and provide consent in order for users to sync any device with your information 5 responsibility for content you understand that all information such as data files written text computer software music audio files or other sounds photographs videos or other images which you may have access to as part of or through your use of the services are the sole responsibility of the person from whom such materials originated which may be you 6 reserved rights helploom reserves all rights not specifically granted herein you shall not modify any copyright notices proprietary legends any trademark and service mark attributions any patent markings and other indicia of ownership on the content or other materials accessed through the service the delivery of and license to the content and or access to third party materials does not transfer to you any commercial or promotional use rights in the content or any portion thereof any use of content or descriptions any derivative use of this site or its materials and any use of data mining robots or similar data gathering and extraction tools is strictly prohibited in no event shall the user frame any portion of the site or any materials contained therein 7 accuracy of information while helploom uses reasonable efforts to include accurate and up to date information on the site helploom makes no warranties or representations as to its accuracy helploom assumes no liability or responsibility for any errors or representations in the content or this site 8 external sites the site may contain links to other sites on the internet which are owned and operated by third party vendors and other third parties the external sites you acknowledge that helploom is not responsible for the availability of or the materials located on or through any external sites you should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or the materials located on such external sites 9 user content and conduct you and other users of the site may post comments reviews and other materials and submit suggestions ideas or other information you are solely responsible for your conduct and any content that you submit post and display on the site you may not post materials or content that contains any unlawful harmful threatening abusive harassing defamatory vulgar obscene or hateful content or content which is racially ethnically or otherwise objectionable or which infringes upon the rights of any third party you acknowledge that by accessing the site you may come into contact with content that you find harmful offensive threatening indecent or objectionable and you acknowledge that helploom shall have no liability to you for the content including but not limited to explicit language and other potentially offensive material you agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use helploom has the right but not the obligation to remove prohibit edit or discontinue any content on the site including content that has been posted by users 10 ownership of submitted content if you post content or submit material unless such content or material submittal is subject to separate terms and conditions helploom shall own such content and material and you hereby assign any rights in such content and material to helploom in the event ownership in the content or material cannot be granted to helploom you grant helploom and its affiliates a perpetual irrevocable worldwide royalty free non exclusive sublicensable right and license to make use sell sublicense reproduce distribute perform display prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof furthermore you grant helploom its affiliates and sublicensees the right to use your name and or username in connection with the content you represent and warrant that all content and materials you provide a shall be your original work product and will not be based on or derived from the proprietary information or items of a third party and b shall comply with all content restrictions set forth in this agreement furthermore you represent and warrant that your use of the service in connection with any content or third party content complies with all laws including but not limited to united states copyright law you will defend indemnify and hold helploom and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the service 11 feedback at your discretion you may provide feedback to helploom concerning the functionality and performance of the service from time to time including without limitation identifying potential errors improvements modifications bug fixes or enhancements feedback if you through your evaluation or otherwise suggests any feedback you hereby assign the ownership in all feedback to helploom in the event ownership in the feedback cannot be granted to helploom you grant helploom at no charge a perpetual irrevocable royalty free worldwide right and license to use reproduce disclose sublicense distribute modify and otherwise exploit such feedback without restriction you agree that helploom may disclose that feedback to any third party in any manner and you agree that helploom has the ability to sublicense all feedback in any form to any third party without restriction 12 additional terms and changes the site may contain areas in which additional terms and conditions apply for purposes of the use of such areas in the event of a conflict between the terms and conditions of such other areas and these terms and conditions the terms and conditions of the other area shall prevail helploom may at any time revise these terms and conditions by updating this posting you are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound 13 harmful code you shall not transmit to helploom or upload to this site any harmful code or use or misappropriate the data on this site for your own commercial gain harmful code shall mean any software sometimes referred to as viruses worms trojan horses time bombs time locks drop dead devices traps access codes cancelbots or trap door devices that a is intentionally designed to damage disrupt disable harm impair interfere with intercept expropriate or otherwise impede in any manner any data storage media program system equipment or communication based on any event including for example but not limited to i exceeding a number of copies ii exceeding a number of users iii passage of a period of time iv advancement to a particular date or other numeral or v use of a certain feature or b would enable an unauthorized person to cause such result or c would enable an unauthorized person to access another person s information without such other person s knowledge and permission 14 username and password you may not use your username and password for any unauthorized purpose 15 information collection and use helploom may retain and use information collected in your use of the service provided such information does not individually identify you helploom may collect use and share your personal information in accordance with its privacy policy 16 minors helploom does not knowingly collect any information from anyone who we know to be under the age of 13 if you are under the age of 18 you should use this website only with the involvement of a parent or guardian and should not submit any personal information to helploom if helploom discovers that a person under the age of 13 has provided helploom with any personal information helploom will use commercially reasonable efforts to delete such person s personal information from all helploom systems 17 termination helploom may terminate your access to our site or the service for any reason at any time the provisions that by their nature are designed to survive termination or expiration of this agreement shall survive termination or expiration of this agreement or your access to our site or service 18 assent and compliance with laws by using this site you signify your assent to these terms of use and agree to comply with all applicable laws and regulations including u s export and re export control laws and regulations copyright laws and other laws regarding intellectual property if you do not agree to these terms of use please do not use the site 19 restricted rights the materials on this site are provided with restricted rights use duplication or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations use of the materials by the government constitutes acknowledgment of helploom s proprietary rights in them 20 disclaimer of warranties the materials content on this site and services are provided as is as available without warranties of any kind either express or implied helploom shall have no responsibility or liability for any content materials posted on the site or services helploom makes no guarantees as to uptime or availability of the service to the fullest extent possible pursuant to the applicable law helploom disclaims all warranties expressed or implied including but not limited to implied warranties of merchantability fitness for a particular purpose noninfringement or other violation of rights the service may be subject to limitations delays and other problems inherent in the use of the internet and electronic communications helploom is not responsible for any delays delivery failures or other damage resulting from such problems including internet congestion virus attacks and denial of service dos attacks 21 limitation of liability under no circumstances including but not limited to negligence shall helploom or its third party licensors be liable for any direct indirect special incidental or consequential damages including but not limited to loss of data or profit arising out of the use or the inability to use the materials on this site or the service even if helploom has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy helploom s and its licensors entire and aggregate liability whether based in contract tort including negligence strict liability or otherwise shall not exceed 100 even if helploom has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy if your use of materials from this site or the service results in the need for servicing repair or correction of equipment or data you assume any costs thereof some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you 22 assignment you shall not assign or transfer this agreement without the prior written consent of helploom any attempt to assign or transfer this agreement by you shall be void 23 governing law the laws of the state of texas excluding its conflicts of law rules govern this agreement and your use of the site notwithstanding the foregoing the arbitration agreement in section 30 shall be governed by the federal arbitration act for the avoidance of doubt the choice of texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions 24 force majeure helploom shall not be liable to you for any delay or failure of helploom to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of helploom such causes shall include but are not limited to acts of god floods fires loss of electricity or other utilities labor strike or delays by you in performing any requirements hereunder 25 no modification by course of dealing this agreement may not be modified supplemented qualified or interpreted by any trade usage or prior course of dealing not made a part of the agreement by its express terms 26 severability each provision of this agreement is a separately enforceable provision if any provision of this agreement is determined to be or becomes unenforceable or illegal such provision shall be reformed to the minimum extent necessary in order for this agreement to remain in effect in accordance with its terms as modified by such reformation the invalidity or unenforceability of any provision of this agreement shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be to apply to the maximum extent allowable under applicable law 27 no waiver the failure by either party to enforce at any time any of the provisions of this agreement to exercise any election or option provided herein or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions no failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy 28 attorneys fees reasonabl...