This Terms of Use was last revised on November 20, 2011

Welcome to HelpAttack!

HelpAttack! is a way for people to donate to their favorite nonprofits using online tools such as Twitter and Facebook. Every time registered users update their status online, they will automagically be donating a specified amount to their chosen cause.

The website found at www.helpattack.com or successor websites, along with the HelpAttack! service (collectively, the "Website") are provided by HelpAttack!, Inc. ("HelpAttack!" or "we"). By using the Website or clicking on a log in button, you ("Member" or "you") agree to these Terms of Use ("Terms") and the HelpAttack! Privacy Policy.

If you do not agree, you do not have permission to use the Website.

1. Registration

We invite you to register at the Website. If you do not register, you may not be able to use all of the features of the Website. If you register, you agree to provide true, accurate and complete information about yourself. You also agree to update registration information you provide to maintain its truth, accuracy and completeness.

2. Your Password

If you register, you may be asked to provide a password, which you should keep secure and secret. You agree that you are solely liable and legally responsible for all actions taken via your password, whether or not made with your knowledge or authority. If you suspect that someone may have obtained your password, you should change your password.

You may be asked to authenticate via a 3rd party service (e.g. "OAuth").  You agree that you are solely liable and legally responsible for all actions taken via your 3rd party authentication, whether or not made with your knowledge or authority.  If you suspect that someone may have compromised your authentication, you should take all reasonable steps to revoke or update the authentication.  You agree that you are bound by the terms of use of these 3rd party authentication services.  

3. Acceptable Use

HelpAttack! hereby grants you the right to access and use the Website only for the purposes of sharing information for non-commercial uses in accordance with the Terms. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations.

All content of the Website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Materials, associated technology and software, and the look and feel of the Website (collectively "Materials"), are the proprietary property of HelpAttack!, which is owned by HelpAttack! or its licensors. Any rights to Materials not expressly granted to you herein are reserved by HelpAttack!. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Website and/or Materials in any form or by any means, in whole or in part, without express written permission from HelpAttack!, and any such use is strictly prohibited, except in regards to content you own and post on the Website in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from HelpAttack!, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to Materials displayed on the Website or (b) alter or modify any Materials on the Website. Your use of any Materials and the rest of the Website is your sole responsibility. The Website may allow you to upload, post, and/or distribute content, use the Website, and view, copy or download Materials for your personal, non-commercial use, subject to the following conditions:

1. You understand that all content you submit and the consequences of such submission are your sole responsibility and are subject to the Terms and the HelpAttack! Privacy Policy.
2. You understand that by using the Website you may be exposed to Materials that are offensive, objectionable or indecent. HelpAttack! may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable from the Website. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
3. You represent and warrant that any content you submit does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
4. Unless expressly allowed in the Terms or you receive prior written consent from HelpAttack!, you shall not upload to, distribute through, or otherwise publish through the Website any content that is commercial in nature or content that contain any solicitation of funds (except by or on behalf of nonprofits), promotion, advertising or solicitation for goods or services without HelpAttack!'s express written consent.
5. By publicly posting, uploading or otherwise distributing content on the Website, you explicitly consent that other users of the Website may access, display, view, store, and/or download such content, and post or forward such content to others who may or may not be registered Members of the Website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to HelpAttack! a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the content (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such content and incorporate such content into other works in any form, media or technology. By providing content to the Website, you hereby permit HelpAttack! to identify you as the provider of such content in any form, media and technology. You may revoke this license in regard to the right to display content by opting to keep your information private in the settings, or by removing content from the Website. If you provide your email address at the Website, we may use your email address to contact you and notify you of any Website news. You can choose which types of email you receive from HelpAttack! by changing your account settings at the Website. Generally, you cannot opt out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
6. You agree that HelpAttack! has no liability or responsibility for the storage or deletion of any content that you submit or post or emails you send through the Website. HelpAttack! reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
7. You also agree not to (or attempt to):
   • "stalk" or otherwise harass anyone
   • upload, distribute, or otherwise publish any content to or through the Website that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment
   • post, upload, or distribute any content that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement
   • post, upload or otherwise distribute any private, personal identifying, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission
   • collect personal data about other users for commercial or unlawful purposes
   • use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website, unless expressly permitted by HelpAttack!
   • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
   • upload, post or distribute any content which, in HelpAttack! 's sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law
   • attempt to gain unauthorized access to HelpAttack!'s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Website
   • create user accounts by automated means or under false or fraudulent pretenses
   • remove or obscure any copyright or other proprietary notices from the Materials
   • republish Materials on any Internet, Intranet or Extranet website or incorporate the Materials in any other database or compilation
   • sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Materials, which is protected by trademarks, copyrights, trade dress or other intellectual property rights
   • access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Website, or
   • organize, operate or offer any contest, competition, giveaway, sweepstakes or similar activity on, through or in connection with the Website without the express written authorization of HelpAttack!

4. No Representations, Warranties or Endorsements

The content and Materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or Materials on the website does not constitute or indicate HelpAttack!'s endorsement, representation or warranty of such information (which may include organization descriptions and missions) or its accuracy, completeness, or timeliness.

5. Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Materials and/or the Website itself are owned or licensed by HelpAttack!. Except as expressly provided herein, neither HelpAttack! nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Materials and/or Website. HelpAttack! reserves the right to block, disable, or otherwise remove any content you provide from the Website as well as terminate access to the Website if, in HelpAttack's reasonable determination, you engage in copyright or other intellectual property infringement or for any other reason. If you believe that any Materials on the Website infringe your copyrights, contact HelpAttack!'s copyright agent, who can be reached by mail at:

Copyright Department
HelpAttack!, Inc.
PO Box 301364
Austin, TX 78731

by telephone at (512-673-7254)

or email at copyright@helpattack.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works
3. 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 HelpAttack! to locate the material
4. Information reasonably sufficient to permit HelpAttack! to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted
5. A statement that the signing 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, and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Indemnity

You agree to indemnify, defend, and hold HelpAttack! and its respective officers, directors, employees, agents, representatives, and affiliates (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) content; use of the Website; interaction with causes, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.

7. Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the website (including without limitation, all content, Materials (and Material linked thereto), advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. HelpAttack! does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any Materials or the related products, equipment, or services. HelpAttack! hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the Website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the Website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the Website. HelpAttack! is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the Website does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

8. Assumption of Risks

Your interactions with Members or other third parties (including advertisers, causes, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that HelpAttack! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Members of this Website, or between a Member and any third party, you understand and agree that HelpAttack! is under no obligation to become involved and is not subject to any liability.

9. Liability Limitation

To the maximum extent allowed by law, you agree that neither HelpAttack! nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if HelpAttack! has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within two years of the date on which liability arose. Neither HelpAttack! nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.

10. Links

HelpAttack! may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of HelpAttack! and HelpAttack! is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. HelpAttack! provides links as a convenience and the inclusion of the link does not indicate or imply that HelpAttack! endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that HelpAttack! shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

11. Donations to Charities

HelpAttack! offers you a way to donate through one or more transaction gateways or donor advised funds. By making a donation, you agree to these Terms, including without limitation this Section 11. You understand that your contribution is being made to a transaction gateway and/or donor advised fund, which will distribute your donation to the organization(s) that you indicated.

You understand that if your designated organization is a registered 501c3 in good standing with relevant authorities, your donation may be tax deductible. As required by the Internal Revenue Service ("IRS"), the donor advised fund has exclusive legal control over the donation. In the rare event that a charity you have recommended does not satisfy our transaction gateway's criteria for receiving donations (i.e., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept donations, is not recognized by the IRS as a public charity, or is not in good standing with federal and state regulators), the donor advised fund will select an alternate charity to receive your donation funds. If you have questions about your donation, please contact a customer service representative at the transaction gateway or donor advised fund indicated in your receipt.

You agree that our transaction gateway or donor advised fund partners will deduct a small transaction fee from your donation to pay banks, credit card companies, and other associated costs and that this fee is deducted before the donor advised fund disburses your donation to the charity. The donor advised fund does not profit from the fee. If you have questions related to the donation process, please contact the donor advised fund or transaction gateway via channels indicated in your receipt. You shall not accept any goods or services in exchange for your donation. You must immediately refuse or return any goods and services in exchange for your donation. If it is discovered that this donation is intended as payment for goods or services (such as tuition, membership dues, some event tickets, items purchased in a charity auction, etc.), the charity will be instructed not to apply the donation as payment and you will not be able to get a refund.

12. Beta Services

You understand that certain versions or features of the Website may be offered from time to time as a "Beta" service which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features, or other information helpful as we develop non-Beta versions. When using a Beta service, you are considered a "Beta User." We grant Beta Users a non-exclusive, non-sublicensable, non-transferable license to use the Beta service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta test at any time and to refrain from offering a commercial version of the Beta service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta service we may choose to release. As a Beta User, you acknowledge that feedback concerning users' experiences with the Beta service is essential to its improvement. Accordingly, you agree that HelpAttack! or its licensors may gather information from you relating to your use of the Beta services, including frequency of nature of use. You also agree that HelpAttack! may solicit feedback concerning your experience with the Beta services via a survey or other means. Such information will be used in connection with evaluating and improving the Beta service. You acknowledge that the Beta service is experimental and may have defects or deficiencies that cannot or will not be corrected by HelpAttack! and/or its licensors or other suppliers. HelpAttack! is under no obligation to release the Beta service commercially, to continue offering the Beta service, to provide you with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta service to you. You shall have sole responsibility for the adequate protection and backup of any data you use with the Beta service. You agree that HelpAttack! may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Website. HelpAttack! shall have a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Website. Certain Beta services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta services, your experience using the Beta services or other aspects of the Beta services features, functionality, technical specifications or quality. In such cases, you agree not to disclose such proprietary information to any third party without the express written consent of HelpAttack!. ALL NON-CONFLICTING TERMS OF THIS AGREEMENT THAT APPLY TO THE WEBSITE ALSO APPLY TO YOUR USE OF BETA SERVICES.

13. International Use

This Website is controlled and operated from within the United States. HelpAttack! makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.

14. Entire Agreement

The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and HelpAttack!. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at our discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Website or sent to you via e-mail. All changes are effective upon posting to the Website. Your continued use of the Website following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Website. HelpAttack! reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Terms. HelpAttack! also reserves the right to change the Website without notice to you, at any time.

15. General

If you are registering on the Website as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Travis County, Texas and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. HelpAttack! may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and HelpAttack! are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

16. Termination

HelpAttack! reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Website and/or remove any registration information or Materials from the Website, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and HelpAttack!'s rights and disclaimers survive, but your right to use the Website immediately ceases. HelpAttack!'s failure to act with respect to a breach by you or others does not waive HelpAttack!'s right to act with respect to subsequent or similar breaches.

17. Protection of Children

You must not use or register on this Website if you are under the age of 13. If you use the Website, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.

18. Fees, Charges, and Taxes

The website may offer services for a fee.  For example, additional fees paid by a nonprofit user in exchange for additional services.  These fees may change from time to time. If they change, you will receive at least 30 days notice.  If they do change, your continued use of the site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.  All fees stated for use of the website are net of any applicable taxes.