Terms of service.
Last Updated
July 19, 2024
Acceptance of Terms
“I” refers to myself, KT Helin-Glick, and any employees or subcontractors hired by me (“Consultant,” “we,” “us,” “our,” “me,” “my”). My sole proprietorship is registered in New Mexico, United States, at PO Box 6056, Santa Fe, NM 87505.
I provide consulting, administration, and development services for organizations using the Salesforce.com platform. I operate the website http://www.kthelinglick.com (the "Site") and any related products and services that refer to or link to these legal terms (the "Terms") (collectively, my "Services").
You can contact me by email at kt@kthelinglick.com or by mail at PO Box 6056, Santa Fe, NM 87505, United States.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and KT Helin-Glick concerning your access to and use of my Services. Work will not start until you have accepted this Statement of Work through the Harvest platform. By accepting this Statement of Work, you indicate that you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING MY SERVICES, AND YOU MUST NOTIFY ME TO DISCONTINUE WORK IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on my Services from time to time are hereby expressly incorporated herein by reference.
In my sole discretion, I reserve the right to change or modify these Terms at any time and for any reason. I will alert you about any changes by updating the Last updated date of these Legal Terms, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and accepted, the changes in any revised Legal Terms by your continued use of my Services after the date such revised Legal Terms are posted.
My Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for my Services.
I recommend printing a copy of these Legal Terms for your records.
My Services
My Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country.
If you choose to utilize my Services from other locations, you do so on your initiative, and you are solely responsible for compliance with local laws, if and to the extent those local laws are applicable.
If you require that my Services be tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), I may require that additional clauses be added to this agreement to indemnify me against actions taken against you regarding such laws.
You may not use my Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Intellectual Property Rights
I am the owner or licensee of all intellectual property rights in my Services, including all source code, database customizations, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, my "Work").
My Work belongs to me until you have paid me for it in full. Until then, anything I create is protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and worldwide, and you cannot use it without my permission.
If I ever grant you permission to post, reproduce, or publicly display any part of my Services or Work, you must identify me as the owner or licensor of my Services or Work and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying my Work. If you wish to use my Services or Work other than as set out in this section or elsewhere in my Legal Terms, please address your request to kt@kthelinglick.com.
Any breach of these Intellectual Property Rights will constitute a material breach of my Legal Terms, and your right to use my Services will terminate immediately.
I reserve all rights not expressly granted to you in and to my Services and Work.
IP Transfers on Full Payment
Upon full payment for my Services, the intellectual property rights for my Work are transferred to you.
The Work provided in or through my Services is "AS IS" solely for your internal business purposes.
Except as set out in this section or elsewhere in my Legal Terms, no part of my Services and no Work may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
User Representations
By using my Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access my Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use my Services for any illegal or unauthorized purpose; and (5) your use of my Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of my Services (or any portion thereof).
Payment
I accept the following forms of payment:
Visa
Mastercard
PayPal
American Express
Discover
Bank transfer (ACH) payments
Apple Pay
You agree to provide current, complete, and accurate purchase and account information for all payments made for my Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that I can complete your transactions and contact you as needed.
Sales tax will be added to the price of my Services as deemed required by us. I may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for my Services and any applicable fees, and you authorize me to charge your chosen payment provider for any such amounts upon accepting these Terms. I reserve the right to correct any errors or mistakes in billing, even if I have already requested or received payment.
I reserve the right to refuse any order placed through my Services.
Payment Refund Policy
All payments are final and no refunds will be issued.
Prohibited Activities
You may not access or use my Work for any purpose other than your internal business purposes. My Services may not be used in connection with any commercial endeavors except the use cases that are specifically agreed upon by us.
As a user of my Services, you agree not to:
Circumvent, disable, or otherwise interfere with security-related features of my Services, including features that prevent or restrict the use or copying of any Work or enforce limitations on the use of my Work and/or the functionality contained therein.
Disparage, tarnish, or otherwise harm, in my opinion, me and/or my Services.
Use any information obtained from my Services in order to harass, abuse, or harm another person.
Use my Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to my Work.
Delete the copyright or other proprietary rights notice from any Work.
Harass, annoy, intimidate, or threaten any of my employees or agents engaged in providing any portion of my Services to you.
Attempt to bypass any measures of my Services designed to prevent or restrict access to my Services, or any portion of my Services.
Copy or adapt my Services' software, including but not limited to Apex, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of my Services.
Contribution License
You agree that I may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding my Services, you agree that I can use and share such feedback for any purpose without compensation to you.
Third-Party Websites and Content
My Work may contain (or you may be sent via my Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and I are not responsible for any Third-Party Websites accessed through my Services or any Third-Party Content posted on, available through, or installed from my Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave my Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from my Services or relating to any applications you use or install from my Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and I take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that I do not endorse the products or services offered on Third-Party Websites and you shall hold me blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold me blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Services Management
I reserve the right, but not the obligation, to: (1) monitor my Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in my sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in my sole discretion and without limitation, notice, or liability, to remove from my Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to my systems; and (5) otherwise manage my Services in a manner designed to protect my rights and property and to facilitate the proper functioning of my Services.
Privacy Policy
I care about data privacy and security. By using my Services, you agree to be bound by my Privacy Policy posted on my Services, which is incorporated into these Legal Terms. Please be advised my Services are hosted in the United States. If you access my Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of my Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Term and Termination
These Legal Terms shall remain in full force and effect while you use my Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, I RESERVE THE RIGHT TO, IN my SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF MY SERVICES (INCLUDING BLOCKING CERTAIN EMAIL OR IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN MY SERVICES AT ANY TIME, WITHOUT WARNING, IN my SOLE DISCRETION.
If I terminate or suspend your Services for any reason, you are prohibited from seeking further Services or creating a new Client account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending my Agreement, I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
I reserve the right to change, modify, or remove the contents of my Services at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on my Services. I also reserve the right to modify or discontinue all or part of my Services without notice at any time. I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of my Services.
I cannot guarantee my Services will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to my Services, resulting in interruptions, delays, or errors. I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify my Services at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use my Services during any downtime or discontinuance of my Services. Nothing in these Legal Terms will be construed to obligate me to maintain and support my Services or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Legal Terms and your use of my Services are governed by and construed in accordance with the laws of the State of New Mexico, applicable to agreements made and to be entirely performed within the State of New Mexico without regard to its conflict of law principles.
Dispute Resolution
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Santa Fe, New Mexico. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Santa Fe, New Mexico, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to my Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Corrections
There may be information about my Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on my Services at any time, without prior notice.
Disclaimer
MY SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF MY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MY SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO MY SERVICES AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MY SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF my SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MY SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MY SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MY SERVICES. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MY SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL I OR my DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF MY SERVICES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, my LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO me DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold me harmless, including my subsidiaries, affiliates, and all of my respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of my Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of my Services with whom you connected via my Services. Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with my defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
I will maintain certain data that you transmit to my Services for the purpose of managing the performance of my Services, as well as data relating to your use of my Services. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using my Services. You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting my Site, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on my Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA MY SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California Users and Residents
If any complaint with me is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Legal Terms and any policies or operating rules posted by me on my Services or in respect to my Services constitute the entire agreement and understanding between you and us. my failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Legal Terms or use of my Services. You agree that these Legal Terms will not be construed against me by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Contact Me
In order to resolve a complaint regarding my Services or to receive further information regarding use of my Services, please contact me at:
KT Helin-Glick
PO Box 6056
Santa Fe, NM 87505
United States
kt@kthelinglick.com