Emergency Help USA Terms & Conditions
Updated and effective April 9, 2021
Thank you for visiting this website (the "Site"), a property of Emergency Help USA
("Company"). Company's owner, parents, subsidiaries, affiliates, and each of their
respective officers, directors, members, owners, employees, agents, representatives,
and shareholders are included in any reference to "Company" herein.
By using and/or accessing the Site, you agree to comply with and be bound by the
following Terms and Conditions ("Terms and Conditions") (including the arbitration
and any and all other applicable Company operating rules, policies, price schedules
and other supplemental terms and conditions or documents that may be published from
time to time, are expressly incorporated herein by reference (collectively, the
"Agreement"). Please review the complete terms of the Agreement carefully. If you do
not agree to the Agreement in its entirety, you are not authorized to use the Site in
any manner or form.
The Site is not intended for
use by individuals under eighteen (18) years of age. If you are under eighteen
(18) years of age, you do not have permission to use and/or access the Site. The
Site, and the ability to apply for Services, are available only to individuals
at least eighteen (18) years of age who can enter into legally binding contracts
under applicable law, and whom are residents of the United States.
II. Agreement Acceptance.
constitutes the entire and only agreement between you and Company with respect
to your use of this Site, and supersedes all prior agreements, representations,
warranties and/or understandings with respect to the Site. As such, you agree to
the terms and conditions set forth in this Agreement with respect to your use of
the Site. We may amend the Agreement from time to time in our sole discretion,
without specific notice to you; provided, however, that any amendment or modification
to the arbitration provisions, prohibition on class actions provisions or any other
provisions applicable to dispute resolution shall not apply to any disputes incurred
prior to the applicable amendment or modification. The latest Agreement will be posted
on the Site, and you should review the Agreement prior to using the Site. By your
continued use of the Site, you hereby agree to comply with and be bound by all of the
terms and conditions contained within the Agreement effective at that time (other
than with respect to disputes arising prior to the amendment or modification of
the dispute resolution provisions, which shall be governed by the dispute resolution
provisions in effect at the time of the subject dispute).
III. Description of the Site.
provides users with an opportunity to apply for products and/or services
("Services"), as offered by Company's affiliated third party service providers
(the "Third Party Service Providers"). Please be advised that Company does not
itself provide services, and the ultimate terms and conditions of any product or
service provided by its Third Party Service Providers will be determined by
those Third Party Service Providers. To qualify to receive Services, you must
first fully complete the application form located at the Site, as well as the
application form set forth on the applicable Third Party Service Provider's
Site. The information that you supply on the Site includes, but is not limited
to: (a) your first name; (b) your last name; (c) your email address; (d) your
telephone number; and (e) any other information requested in a web form
contained on the Site (collectively, the "Site Registration Data"). Company's
entering your Site Registration Data and clicking on the applicable submission
button on the Site, you may be redirected to the Site of a Third Party Service
Provider. Company may also transfer your Site Registration Data to its Third
Party Service Providers in connection with facilitating the processing of your
Services application. The information that you must supply on the Third Party
Service Provider's Application shall be determined by the applicable Third Party
Service Provider (collectively, the "TP Registration Data" and, together with
the Site Registration Data, the "Registration Data"). Any information that you
supply to any Third Party Service Provider shall be governed by that Third Party
and conditions of any product or service provided by any Third Party Service
Provider(s), will be determined by those Third Party Service Providers. Unless
explicitly stated otherwise, any future offers made available to you on the Site
that augments or otherwise enhances the current features of the Site shall be
subject to the Agreement. You understand and agree that Company is not
responsible or liable in any manner whatsoever for your use of, or inability to
use and/or qualify for, Services or other Third Party Service Provider sponsored
products and/or services, or for any dispute between you and any Third Party
Service Providers. You understand and agree that Company shall not be liable to
you or any third party for any modification, suspension or discontinuation of
any product, service or promotion offered by any Third Party Service Providers.
If Company terminates the Agreement for any reason, Company shall have no
liability or responsibility to you. You understand and agree that refusal to use
the Site is your sole right and remedy with respect to any dispute with Company,
and the Agreement only governs your use of the Site.
We reserve the right to
use all information regarding your use of the Site, and any and all personal
Site, and all comments, feedback, information, Site Registration Data or
materials that you submit through or in association with the Site, are subject
V. Proprietary Rights.
organization, graphics, design, compilation, magnetic translation, digital
conversion, software, services and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including intellectual property) rights. The copying, redistribution,
publication or sale by you of any part of the Site is strictly prohibited.
Retrieval of material from the Site by automated means or any other form of
scraping or data extraction in order to create or compile, directly or
indirectly, a collection, compilation, database or directory without written
permission from Company is prohibited. You do not acquire ownership rights to
any content, document, software, services or other materials viewed at or
through the Site. The posting of information or material on the Site by Company
does not constitute a waiver of any right in such information and/or materials.
The Site name and logo, and all associated graphics, icons and service names,
are trademarks of Company. All other trademarks are the property of their
respective owners. The use of any trademark without the applicable trademark
owner's express written consent is strictly prohibited.
VI. License Grant.
You are granted a
non-exclusive, non-transferable, revocable and limited license to access and use
the Site and associated content in accordance with the Agreement. Company may
terminate this license at any time for any reason. You may use the Site on one
computer for your own personal, non-commercial use. No part of the Site may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical. You may not use, copy, emulate, clone, rent, lease,
sell, modify, decompile, disassemble, reverse engineer or transfer the Site or
any portion thereof. Company reserves any rights not explicitly granted in the
Agreement. You may not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site. You may not take any
action that imposes an unreasonable or disproportionately large load on Company
infrastructure. Your right to use the Site is not transferable.
VII. Legal Warning.
Any attempt by any
individual to damage, destroy, tamper with, vandalize and/or otherwise interfere
with the operation of the Site, is a violation of criminal and civil law.
Company will pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible by law.
Company reserves the
right to edit, modify, or delete any documents, information or other content
appearing on the Site in our sole discretion.
You agree to indemnify
and hold Company, its parents, subsidiaries and affiliates, and each of their
respective members, officers, directors, owners, employees, agents, co-branders
and/or other partners, harmless from and against any and all claims, expenses
(including reasonable attorney's fees), damages, suits, costs, demands and/or
judgments whatsoever, made by any third party due to or arising out of: (a) your
use of the Site and/or Services; (b) your breach of the Agreement; (c) any
dispute between you and any Third Party Service Providers; and/or (d) your
violation of any rights of another individual and/or entity. The provisions of
this Section IX are for the benefit of Company, its parents, subsidiaries and/or
affiliates, and each of their respective officers, directors, members, owners,
employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of
these individuals and entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
X. Disclaimer of Warranties.
Services and/or any other products and/or services that you may apply for
through the Site are provided to you on an "as is" and "as available" basis and all
warranties, express and implied, are disclaimed to the fullest extent permissible
pursuant to applicable law (including, but not limited to, the disclaimer of any
warranties of merchantability, non-infringement of intellectual property and/or
fitness for a particular purpose). In particular, but not as a limitation thereof,
Company makes no warranty that: (a) the Site, Services and/or any other products
and/or services that you may apply for through the Site will meet your requirements;
(b) the Site, Services and/or any other products and/or services that you may apply
for through the Site will be uninterrupted, timely, secure or error-free; (c) you
will qualify for Services from our Third Party Service Providers; or (d) the results
that may be obtained from the use of the Site, Services and/or any other products
and/or services that you may apply for through the Site will be accurate or reliable.
The Site, Services and/or any other products and/or services that you may apply for
through the Site may contain bugs, errors, problems or other limitations. We will not
be liable for the availability of the underlying internet connection associated with
the Site. No advice or information, whether oral or written, obtained by you from Company,
its Third Party Service Providers or otherwise through or from the Site, shall create
any warranty not expressly stated in the Agreement.
XI. Third Party Websites.
The Site may
provide link out or refer you to third party websites. Company has no control
over such third party websites, and therefore you hereby acknowledge and agree
that Company is not responsible for the availability of such third party
websites and/or resources, including but not limited to those of its Third Party
Service Providers. Company does not endorse, and is not responsible or liable
for, any terms and conditions, privacy policies, content, advertising, services,
products and/or other materials at or available from such third party websites
or resources, or for any damages and/or losses arising therefrom.
XII. Limitation of Liability.
understand and agree that Company shall not be liable to you or any third party
for any direct, indirect, incidental, special, consequential and/or exemplary
damages including, but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Company has been advised of the
possibility of such damages), to the fullest extent permissible by law for:
(a) the use or the inability to use the Site, Services and/or any other products
and/or services that you may apply for through the Site; (b) the cost of procurement
of substitute goods and services resulting from any goods, data, information and/or
Services purchased or obtained from, or transactions entered into through the
Site; (c) the failure to qualify for Services from our Third Party Service Providers;
(d) the unauthorized access to, or alteration of, your Registration Data; and
(e) any other matter relating to the Site, Services and/or any other products and/or
services that you may apply for through the Site. This limitation applies to all
causes of action, in the aggregate including, but not limited to, breach of contract,
breach of warranty, negligence, strict liability, misrepresentations and any and all
other torts. You hereby release Company and its Third Party Service Providers from
any and all obligations, liabilities and claims in excess of the limitations stated
herein. If applicable law does not permit such limitations, the maximum liability of
Company to you under any and all circumstances will be three hundred dollars ($300.00).
The negation of damages set forth above is a fundamental element of the basis of the
bargain between you and Company. The Site, Services and/or any other products and/or
services that you may apply for through the Site would not be provided to you without
XIII. E-Sign Consent.
By clicking the "submit" button on the Site, you adopt such as your electronic
signature, and consent and agree that: Company may provide you with electronic
communications and disclosures (collectively, "Communications") via email, by
making them accessible on this Site or other website designated by Company; and
your electronic signature on agreements and documents has the same effect as if
you signed them in writing.
You may withdraw your consent to receive electronic Communications at any time
by contacting us at email@example.com. Withdrawal of your consent
to receive electronic Communications may result in termination of your access to
the Site and/or Services. Any withdrawal be effective only after we have a
reasonable period of time to process your withdrawal.
You are responsible for providing us with true and accurate information,
including contact information, and to maintain and update any such contact
To access and retain the electronic Communications, you will need the following:
access/use of a computer or mobile device with internet or mobile connectivity
and an operating system capable of receiving, accessing, and displaying
Communications; an internet browser that we support; sufficient storage space to
save Communications and/or a printer to print them; and a valid email account
and software to access such email account. You have the right to receive
Communications in paper form. Please contact us at
firstname.lastname@example.org to request a paper copy of any Communications
at no charge. A request will not be treated as withdrawal of consent to receive
XIV. Dispute Resolution Provisions.
Agreement shall be treated as though it were executed and performed in Los
Angeles, California and shall be governed by and construed in accordance with
the laws of the State of California (without regard to conflict of law principles).
In the event of any dispute arising under or related to the Site, Services,
terms and conditions of the Agreement, the breach of same by any party hereto,
or the arbitrability of any claim (including any questions about the scope,
applicability, interpretation, validity, or enforceability of this section or
the Agreement): (a) the parties agree to exclusively submit their dispute for
resolution by binding arbitration before the American Arbitration Association
in Los Angeles, California, in accordance with the then current Commercial Arbitration
rules of the American Arbitration Association ("AAA"). Any such disputes, including
any threshold disagreement about the arbitrability of any claim, shall be delegated
to the arbitrator (and not a court). The United States Federal Arbitration Act
shall govern the interpretation of this arbitration clause. Arbitration hereunder
shall be conducted by one neutral arbitrator appointed by the AAA. At the request
of either party, the arbitrator will enter an appropriate protective order to
maintain the confidentiality of information produced or exchanged in the course
of the arbitration proceedings. In no event shall the arbitrator have any authority
to award punitive or other damages not measured by the prevailing party's actual
damages, except as may be required by statute. Irrespective of the outcome of arbitration,
each party shall bear its own costs and expenses, including its own attorney's fees,
and an equal share of the arbitrator's fees and administrative fees of arbitration.
The arbitrator shall not determine or award any alternative allocation of costs and
expenses, including any attorney's fees. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any court of
competent jurisdiction. Nothing contained herein shall be construed to preclude any
party from seeking injunctive relief in order to protect its rights pending an outcome
in arbitration. Regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to your use of the Site, the Services, any products or
services offered through the Site, and/or this Agreement must be brought within one (1)
year after such claim or cause of action arose or be forever barred.
To the extent permitted by law, you agree that you will not bring, join or participate
in any class action lawsuit or class wide arbitration as to any claim, dispute or controversy
that you may have against Company and/or its owners, employees, officers, directors,
members, representatives and/or assigns. You agree to the entry of injunctive relief
to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay
the attorney's fees and court costs that Company incurs in seeking such relief. This
provision preventing you from bringing, joining or participating in class action lawsuits:
(a) does not constitute a waiver of any of your rights or remedies to pursue a claim
individually and not as a class action in binding arbitration as provided above; and
(b) is an independent agreement.
You may opt-out of these dispute resolution provisions by providing written notice of
your decision within thirty (30) days of the date that you first access the Site. Thereafter,
these dispute resolution provisions shall be final and binding.
Should any part of the
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. The Agreement is personal between you and Company and governs
your use of the Site, superseding any and all prior and/or contemporaneous
agreements between you and Company. To the extent that anything in or associated
with the Site and/or any Company offering is in conflict or inconsistent with
the Agreement, the Agreement shall take precedence. Our failure to enforce any
provision of the Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. The parties do not intend that any agency
or partnership relationship be created through operation of the Agreement.