Terms of Use

The use of the website and mobile application (collectively, the “Website”) operated by [Hello Chapter LLC] (“Hello Chapter”, “we”, or “us”) and the services offered on and in connection with the Website (the “Services”) are subject to the following terms of use (“Terms of Use”):

VISITING OR OTHERWISE USING THE WEBSITE, THE CONTENT OR SERVICES OBTAINED DIRECTLY OR INDIRECTLY FROM THE WEBSITE CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT SO CONSENT, YOU MAY NOT VISIT THE WEBSITE OR USE ANY OF ITS CONTENT AND ANY OF THE SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY. IF, AT ANY TIME, YOU DISAGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE, THE SERVICES OR ANY OF THEIR FUNCTIONALITIES. PLEASE NOTE THAT WE MAY REVISE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU. YOU CONFIRM, REPRESENT AND WARRANT THAT BY USING THE WEBSITE OR THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website and use of the content found on the Website, including without limitation, the Services, the text, software (whether downloadable or non-downloadable), technology, user interfaces, profiles, widgets, icons, messages, links, emails, graphics, photographs, images, data compilations, information, video, code, all audio visual or other material appearing on or emanating to and/or from the Website, as well as the design and appearance of our Website and the accompanying information and documentation (collectively, “the Content”). By visiting or using the Website or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.

License and Website Access

Hello Chapter grants you a limited license to access and make use of the Website and the Services and not to download (other than as necessary for page viewing) or modify the Website, or any portion of the Website, except with our express written consent. This license does not include any resale or commercial use of the Website or the Content; any derivative use of the Website and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hello Chapter without our express written consent. Any unauthorized use of the Website automatically terminates your permission or license to use our Website.

The Website may allow for downloading of Content and Content-related software and applications for mobile devices. The use of any such mobile applications is expressly governed by these Terms of Use

Website Content

We attempt to provide accurate descriptions of the Content. However, we do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.

The Content provided on our Website is not intended to and does not constitute legal, architectural, design, accounting, tax, investment, consulting or other professional advice or services. Before making any decision, you must rely on your own examination of the Content provided herein and make your own inquiries and consult your own qualified professional advisors with respect to such Content. Your use of the Content is at your own risk. We expressly disclaim any and all liability in connection with your use of the Content.

From time to time, the Website may include links to third party websites or portions thereof as a convenience to you. These websites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.

The Website may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

User Content and Services

As a condition of using the Website and submitting any Content or other materials to the Website, you expressly grant, and you represent and warrant that:

• You have a right to grant and you grant to Hello Chapter a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed. You agree that this license includes the right for Hello Chapter to make your Content available to others for the publication, distribution, syndication, or broadcast of such User Content on other media and services, including within advertising, without compensation to you. This license is perpetual, and we may use your Content according to this license even after you stop using the Website.
• You will not directly or indirectly upload, input or otherwise send us any material that is illegal, infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable or any material that constitutes malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.”
• You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead or misrepresent your identity in any manner.
• Your name and report information may be made available to the public;
• You own or have secured all legal rights necessary for the Content submitted by you to be used by you, Hello Chapter, and others as described and otherwise contemplated in these Terms of Use;
• You represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
• You are solely responsible for your Content;
• You grant to Hello Chapter all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
• Hello Chapter may, in its sole discretion, choose to remove or not to remove any Content once published;
• All of your reviews of any Service presented on the Website will either be based upon your actual first-hand experiences with the Service providers you are reviewing;
• All of your reviews and ratings of the Services that you are rating will be accurate, honest, truthful, and complete in all respects;
• You will not receive any form of compensation to post any Content; and
• You will submit thorough and thoughtful reviews of the services you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);

Hello Chapter does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party (such provider of content or services, a “Third Party” and such content and services, the “Third Party Content and Services”). Hello Chapter is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on Third Party Content and Services. Your dealings with, or participation in promotions of any Third Party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Third Party exclusively and do not involve Hello Chapter. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Third Party.

You agree that Hello Chapter is not responsible for the accessibility or unavailability of any Third Party Content and Services or for your interactions and dealings with any Third Party, waive the right to bring or assert any claim against Hello Chapter relating to any interactions or dealings with any Third Party, and release Hello Chapter from any and all liability for or relating to any interactions or dealings with any Third Party. Your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, Third Parties found on or through the use of the Website, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Parties. You agree that Hello Chapter shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Parties and Third Party Content and Services on the Hello Chapter Website.

User Account

If you are accessing the Website without creating an account, you are agreeing to be bound by these Terms of Use. If you are setting up a user account you agree to be bound by these Terms of Use and provide true and accurate information.  You further agree not to use a false name or an email address owned or controlled by another person or otherwise provide any false or misleading information. You agree to provide an email address you own and use, and a password. You will be solely responsible for maintaining the confidentiality of your password. You will also update your registration information with us from time to time so that it remains true, correct and complete. You may never use another user’s account without permission. Hello Chapter reserves the right to refuse service, terminate accounts, remove or edit the Content in its sole discretion.

Hello Chapter may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.

Authorization, Acceptance or Approval of Services

Approval by any of your representatives of any of the Services performed by Hello Chapter, or authorization given by any your representatives for Hello Chapter to perform any part of the Services or to incur any expenses shall be effective upon its delivery to Hello Chapter.  In the event that any agreement with Hello Chapter allocates the Services into phases, authorization given by any of your representatives to Hello Chapter to proceed with any phase of the Services shall be deemed to constitute acceptance and approval of all work performed by Hello Chapter in connection with the prior phase of the Services. The foregoing shall not apply to any negligence attributable to Hello Chapter or defects attributable to Hello Chapter which defects are discovered following the completion of any given phase. 

Your successors or assigns shall be bound by approvals, authorizations or acceptances previously given by any of your representatives.

In the event any law, statute, ordinance, rule, regulation or order, factory mutual or Board of Fire Underwriters standard is adopted, revised or interpreted such that Hello Chapter is required to change, revise or supplement designs or other work performed by Hello Chapter prior to the effective date of such adoption, revision, or interpretation, any such change, revision or supplement shall be deemed to constitute an additional service, for which additional compensation shall be paid to Hello Chapter.

Non-payment

In the event that the you fail to pay when due any invoice delivered to it by Hello Chapter, Hello Chapter shall thereupon have a lien upon all of the drawings, specifications, plans, documents or other materials or writings prepared by Hello Chapter, or at its direction, and then in its possession, and shall be entitled to withhold all such materials from you until such time as payment in full of the invoice is made. This lien shall be in addition to, and not in lieu of, any rights or remedies which Hello Chapter may have under any agreement, or at law, equity or otherwise.  You hereby release Hello Chapter from any right pursuant to this Paragraph, including, without limitation, any consequential damages, lost profits, additional financing or other expenses or claims for delay in completion.

Intellectual Property

Subject to the provisions of these Terms of Use, our Website and the Content are owned by or licensed to Hello Chapter, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Hello Chapter reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the Content.

All product, brand and company names and logos used on our Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website, whether or not owned and/or operated by Hello Chapter (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.  You may not use metatags or any other “hidden text” utilizing “Hello Chapter” or any other name, trademark, service mark or product or service name of Hello Chapter without our prior written permission.  In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hello Chapter and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Delays and Accessibility

The Website and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Hello Chapter is not responsible for any delays, failures or other damage resulting from such problems.

Disclaimer of Warranties and Limitation of Liability

THE WEBSITE, THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. HELLO CHAPTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THEIR CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HELLO CHAPTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HELLO CHAPTER DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, ITS SERVERS, OR THAT E-MAILS SENT FROM HELLO CHAPTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL HELLO CHAPTER, ITS RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM YOUR USE OF THE WEBSITE OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT, SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY OF HELLO CHAPTER UNDER THESE TERMS OF USE, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE WEBSITE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO HELLO CHAPTER BY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF HELLO CHAPTER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Hello Chapter does not assume responsibility for construction means, methods, techniques, sequence or procedures, or for safety precautions and programs in connection with the work, for the contractors’ failure to carry out the work in accordance with the contract requirements or for stopping the work in the event of such failure.  Hello Chapter’s review of the contractors’ performance is not intended to include review of the adequacy of safety measures, in, on or near the construction site. 

Verification of Existing Conditions

A structural condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable visual observation. If the Hello Chapter has reason to believe that such a condition may exist, you shall authorize and pay for all costs associated with the reasonable investigation of such condition and, if necessary, all costs necessary to correct said condition. If (1) you fail to authorize such reasonable investigation or correction after due notification, or (2) Hello Chapter has no reason to believe that such a condition exists, you are responsible for all risks associated with the condition, and the Hello Chapter shall not be responsible for the existing condition nor any resulting damages to persons or property.

Indemnity

You agree to indemnify, defend and hold Hello Chapter and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the “Hello Chapter Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Hello Chapter Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; (iii) any use or alleged use of the Website or the Content by you or anyone within your control; (iv) any third party claim against Hello Chapter as a result of your use of the Website.

Hello Chapter reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hello Chapter’s defense of such claim. Hello Chapter may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Without derogating from the foregoing, you shall indemnify Hello Chapter Parties against any liability, claim or expense (including payment of reasonable attorneys’ fees and disbursements as incurred) in connection with or arising from your breach of any agreement with Hello Chapter. The foregoing shall not affect any additional rights of Hello Chapter to contribution or indemnification from you. In addition, you hereby agree that Hello Chapter, its principals, officers, agents and consultants are hereby released of and from any and all liability or responsibility (i) for the investigation, examination, testing, sampling or other review of any asbestos-containing materials which may be located in or about any project, (ii) for any work undertaken with respect to the removal, encapsulation or other treatment of any such asbestos-containing materials within any project, or (iii) for compliance with any laws, orders, rules or regulations imposed by any federal, state, city or other governmental entity, agency or instrumentality, except to the extent that Hello Chapter has performed services related thereto or directed performance of such services.

Breach of Terms of Use and Liquidated Damages

You understand that the content in each report or record on Hello Chapter has significant value to Hello Chapter and that the damage caused to Hello Chapter for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Hello Chapter’s damages for the specified breaches of these Terms of Use:

If you post Content in violation of these Terms of Use, you agree to promptly pay Hello Chapter One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Website and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Hello Chapter, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof

SMS/Text Message Alerts and Calls

By consenting to Hello Chapter’s SMS/text messaging and calls service, you agree to receive SMS/text messages and calls with service, transaction, account-related, and commercial news, events, offers, and promotions from and on behalf of Hello Chapter to the mobile phone number provided by you, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages and calls. You are strictly prohibited from registering a mobile number that is not your own. You acknowledge and agree that calls or text messages may be sent using automated technology, including through an automatic telephone dialing system.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Hello Chapter. Your participation in our alerts program is completely voluntary. Standard message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You can unsubscribe at any time.

You may opt-out of receiving promotional calls or SMS text messages at any time. Please note that unsubscribing from promotional calls and SMS text messages will not prevent you from receiving calls or SMS texts from Hello Chapter directly relating to your use of the Service, such as account information, item pickup details and delivery information that are necessary to provide the requested Service to you. To unsubscribe from promotional calls or SMS texts, email Info@hellochapter.com and provide your phone number and opt-out request, or call us at 212-680-4628

Security

Hello Chapter cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Disputes and Applicable Law

By visiting the Website, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hello Chapter. You further agree that you are waiving the right to a trial by jury or a right to participate in a class action. Any dispute relating in any way to your visit to the Website or your use of the Content, products or services offered or distributed by Hello Chapter or through Hello Chapter shall be solely settled by final and binding arbitration administered by the American Arbitration Association in New York City accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Changes and Severability

You agree to check these Terms of Use periodically for new information and terms that govern your use of the Website. We reserve the right to make changes to the Website, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with Hello Chapter

You may contact us at:

Hello Chapter LLC

Info@hellochapter.com

You agree to receive communications from us electronically regarding your account, these Term of Use and the Website, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications are not confidential unless otherwise agreed in writing with us.

Copyright Policy and Complaints

Hello Chapter respects the intellectual property of others. If you believe that any material on the Website or any use of the Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing can be found on the Website;
• Your address, telephone number, and email address;
• A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

Send the notification to us as follows:

Hello Chapter LLC
Info@hellochapter.com

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Hello Chapter or any third party.