Welcome to Help Our Solutions LLC. The helpoursolutions.com website and Helping You Save mobile and iPhone apps are collectively "HOS Solutions Properties" and each individually is a "HOS Solution Property." By using any HOS Solutions Property and its related services, products, and software, you agree to be bound by these terms ("Conditions of Use"). You also accept the Conditions of Use when you create an account, make a purchase as a guest, or log in to any HOS Solutions Property. Additional or separate terms may apply to your interactions with other HOS Solutions websites, and to your use of individual services or features available on a HOS Solutions Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Conditions of Use, the provisions of the additional terms will govern. References to "HOS Solutions," "our," "we," or "us" may refer to HOS Solutions, LLC, HOSSolutions.com, HelpOurSchool.com, and their affiliates, subsidiaries, and designees. We may make changes to any HOS Solutions Property and the Conditions of Use. It is your responsibility to review the Conditions of Use for updates or changes. If you do not agree with the Conditions of Use, you should not use the HOS Solutions Properties.
Use of the HOS Solutions Properties
You may use the HOS Solutions Properties for your personal, commercial use. You may not use any HOS Solutions Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the HOS Solutions Properties only with involvement of a parent or guardian.
Privacy
Your use of the HOS Solutions Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.
Information on Our Site
We try to be as accurate as possible. However, we do not warrant that product descriptions or other HOS Solutions Property content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our sites may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we'll charge your card for an item when we ship the item to you or confirm its availability in store. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you preorder with a debit card, we'll debit your card when you place the preorder. For special delivery items, we'll charge your card when you confirm a delivery time. For digital items, we'll charge your card when you initiate the download of the product or the product is placed in your account and available for use.
Order Confirmation
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
HOS Solutions Donation Program
When you create an account on a HOS Solutions Property, we will automatically enroll you in the HOS Solutions Donation Program. The HOS Solutions Donations Program is a free program in which you authorize HOS Solutions to provide a donation to your selected organization in lieu of a sales discount. The HOS Solutions Donation Program tracks the total amount of the donation in the shopping cart and provides the total about of your donation for that order in the Checkout page. Once you have completed the order process, the donation amount is tracked and applied to your participating organization. Should you wish to change the organization you wish to support you can do so at any time in the My Account section of the HelpOurSchool.com or affiliate website.
Proprietary Rights
All content included on or comprising the HOS Solutions Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and HOS Solutions owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The HOS Solutions and Help Our School logos and other trademarks on the HOS Solutions Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by HOS Solutions and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the HOS Solutions Properties in numerous ways, including Reviews & Ratings, videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant HOS Solutions a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide HOS Solutions' Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
- A statement that you 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HOS Solutions's designated agent to receive notifications of claimed infringement can be reached by:
Mail:
DMCA Agent
HOS Solutions, LLC
1407 Foothill Blvd., Suite 158
La Verne, CA 91750
E-mail:
[email protected]
Phone:
800-397-5604
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY HOS SOLUTIONS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION ALSO LIMITS OR EXCLUDES LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMANGE CAUSED BY PRODUCTS YOU PURCHSE THROUGH THE SITE, EXCEPT FOR HOS SOLUTIONS'S GROSS NEGLIGENCE, INTENTIONAL, WILLFULL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
The HOS Solutions Properties contain links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. HOS Solutions does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on a HOS Solutions Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Conditions of Use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.
Export
Certain software or other materials ("Software") that you may obtain through the HOS Solutions Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the HOS Solutions Properties only for lawful purposes. Activities including, but not limited to, tampering with any HOS Solutions Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the HOS Solutions Properties are prohibited.
You may not violate or attempt to violate the security of the HOS Solutions Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any HOS Solutions Property for unintended purposes or trying to change the behavior of any HOS Solutions Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any HOS Solutions Property, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of HOS Solutions (impersonating HOS Solutions) or to any HOS Solutions Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of HOS Solutions, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any HOS Solutions Property or any activity being conducted on any HOS Solutions Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any HOS Solutions Property other than the search engine and search agents we provide and generally publicly available browsers.
Disputes
Any dispute or claim arising out of or relating in any way to your use of any HOS Solutions Property, or to any products or services sold or distributed by HOS Solutions or through any HOS Solutions Property will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim at FIGAT7TH, 725 S FIGUEROA ST #400, LOS ANGELES, CA 90017. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees (but not any attorney's fees) for claims totaling less than $10,000 if your claim is found to be in your favor or if the arbitrator determines your claims are frivolous. Likewise, HOS Solutions will not seek attorneys' fees and costs in arbitration unless the claim is found in favor of HOS Solutions or the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NEVADA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE CONDITIONS OF USE AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST HOS SOLUTIONS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF ANY HOS SOLUTIONS PROPERTY OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY HOS SOLUTIONS OR THROUGH ANY HOS SOLUTIONS PROPERTY.
Termination of Use
We may, in our sole discretion, terminate your account or your use of the HOS Solutions Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any HOS Solutions Property at any time without prior notice.
Severability
The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this Agreement are to be interpreted and construed as if the invalid provision had never been included in this Agreement.
Additional Policies
The following policies also govern your use of the HOS Solutions Properties and are incorporated by reference into the Conditions of Use: