Text Messaging Services

Hardshipstimulus.com and its affiliates (collectively, “HardshipStimulus,” “HardShipStimulus,” “cloud.hardshipstimulus.com”,” “our,” “us,” or “we”) may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone (the “text messaging services”). Generally, when you receive a text message from us you have either consented to receiving text messages from us (or a third-party who is our customer) or we are able to text you under limited circumstances in accordance with the law.

By using our text messaging services, you agree to these terms and conditions, which incorporate by this reference our Terms of Use. If you do not agree to these terms and conditions, please do not use the text messaging services. You can stop messages at any time by replying “STOP”.

Opt-In

To receive text messages from us, you must opt-in to the text messaging services by following the instructions for the specific text messaging program (for example, by sending a message to us from your mobile phone or signing up through our site(s) or a third party who is our customer). By signing up for the text messaging services, you consent to the use of an automatic dialing system to deliver text messages to the mobile phone number you have provided for the transmission of these text messages. Your consent to receiving text messages from us is not a condition of purchase.

One-Time Text Message Services

If you opt-in to a one-time text message service, you will receive a one-time message with the information or service you requested.

Recurring Messaging Services

If you opt-in to recurring messaging services, you will receive messages at the rate described when you sign up for the specific text messaging program. Subscribers to recurring text messaging services may receive a subscription continuity opt-in text message from time to time. This text message is to confirm that you wish to continue your subscription to the text messaging services. You must positively reply to the subscription continuity text message to remain subscribed to the text messaging services.

Interactive Text Messaging Services

If you opt-in to interactive text messaging services, the number of messages you receive will vary depending on the type of conversation in which you are engaged.

Attorney Inquiry Text Messages

To receive text messages from us in connection with your attorney inquiry on our sites, you must expressly opt-in to the text messaging services. You will know which texts you receive as you voluntarily and expressly opt-in while filling out an attorney inquiry form to receive text messages. We offer a text messaging service that allows you to receive contact information for attorneys in your area in response to your online inquiry submitted through our websites (“Contact Information Text”). You will receive up to three (3) text messages per inquiry directly from us. We offer a text messaging service that allows up to five (5) attorneys in our directory to contact you via text message in response to your online inquiry submitted through our websites. The attorney is not required to text you as they may choose to call and/or email you instead, depending on their communication preferences (“Attorney Follow Up Text”). The attorney will be texting you from their personal device, which is not affiliated with us. Frequency of text will depend on your response to questions from the attorney. The attorneys in our directory pay us for this service and this service constitutes attorney advertising. By opting-in to the text message service, you agree to our Terms of Use and Privacy Policy, which are made a part of these terms and conditions by this reference.

Privacy

We will use the information we obtain in connection with the text messaging services in accordance with our Privacy Policy.

Cancellation

To cancel your text messaging subscription for a specific program at any time, simply reply “STOP” to any text message from us for that specific program. You will receive a final text message to confirm your unsubscribe request and you will receive no further text messages from us for that specific program. You may still receive messages from us for any other text messaging program that you have opted into until you reply “STOP” to a message regarding that specific text messaging program. We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.

Help

You can reply “HELP” to any text message sent from us at any time if you need assistance with the text messaging service. We will respond with a text message that includes instructions on how to use the services and how to unsubscribe. For additional support services, you may email support@hardshipstimulus.com.

Text Messaging and Data Rates

Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans. The number of text messages you receive will be based upon the text messaging services you sign up for and if you continue the conversation via text message.

Account Holder

You represent and warrant that you are the account holder for the mobile phone number you provided. If you are not the account holder, you represent and warrant that you have the consent of the account holder to sign up for and use the text messaging services and to enter into this agreement. If you are not the account holder or you do not have the consent of the account holder, reply “STOP” immediately.

Carriers

Services may not be available on all carriers. We are able to deliver messages to the mobile phone carriers supported by our third party text messaging service provider, which currently include the following carriers and are subject to change at any time: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Disclaimer

Text messages are delivered via a third party service provider and we do not control all factors related to message delivery. To the extent permitted by applicable law, we do not claim or guarantee availability or performance of our text messaging services, including transmission delays, message failure, accuracy or that the services will be error-free. Receipt of messages is dependent on your mobile service provider. The text messaging services may not be compatible with all mobile phone devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.

Dispute Resolution

We believe we will be able to resolve most disputes or issues you may have using our services. In the unlikely event we are not able to resolve a dispute or issue, you agree to the following resolution process:

Before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least thirty (30) days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Hardshipstimulus.com, 1225 Ave. Juan Ponce de León, PH-1636, San Juan, PR 00907, Attn: Legal Department.

If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding the text messaging services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived.

We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

You agree that arbitration will be exclusively held remotely or in San Juan, Puerto Rico and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course, please feel free to ask an attorney.

Terms of Use

Hardshipstimulus.com and its affiliates (collectively, “Hardshipstimulus,” “Hardship Stimulus Application,” “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “sites,” “services,” or “our sites and services.”

These terms, including any schedules and supplemental terms (collectively, these “Terms of Use” or this “TOU”) applies to our sites and services on which we display or post a direct link to this TOU. If there is any conflict between this TOU and any supplemental terms to a site or service, the supplemental terms will control. This TOU does not apply to those sites and services that do not display or link to this TOU, or that have their own terms of use.

By using our sites and services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.

Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.

These TOU grant you a limited, revocable, nonexclusive license to access our sites and services and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU.

1. Moderation

We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TOU, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TOU by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TOU.

Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorized to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TOU violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours, or our employees, officers, directors, shareholders, subsidiaries, parent companies, attorneys or other agents. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

2. Content and Conduct

a. Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to our sites and services would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

b. Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account.

3. Postings and Accounts

This section 3 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.

a. Postings

Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means.

Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

b. Accounts

For each site, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.

The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.

4. Unauthorized Access and Activities

This section 4 applies to all uses and users of our sites and services, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

To maintain the integrity and functionality of our sites and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users beneficial use and enjoyment of our sites and services are expressly unauthorized and prohibited. For example, without limitation:

The collection of our sites and service users personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.

Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.

If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.

5. Interactions with Others

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

The sites or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including our shareholders, affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, “we”) are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorization. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.

6. Fees

In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.

7. Indemnification

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

8. Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

*SSDI payments depend on a variety of factors. 

$4,018/month

 represents the maximum allowable benefit award. Most SSDI recipients receive between $800 and $1,800/mo.

9. Limitations of Liability

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Damages

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to us as described in our liquidated damages policy.

Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.

11. Injunctive Relief

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

12. Release of Information

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us. If you seek the identity or account information of a user of our sites and services in connection with a civil legal matter, you must serve us with a valid subpoena. 

We reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use.

13. Copyright Policy

We have adopted and implemented a copyright policy in accordance with the Digital Millennium Act. 

In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

14. Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found at https://cloud.hardshipstimulus.com/#privacy

15. Certain Brand-Specific Disclaimers

As noted above, the use of certain of our sites and services also have supplemental terms based on the subject matter and content of the specific site or services, including our sites and services set forth below. You can find the supplemental terms governing those specific sites and services on the respected sites.

16. Parental Controls

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found at https://cloud.hardshipstimulus.com/#privacy

17. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an email to support@Hardshipstimulus.com. You may also contact us by writing to Legal Department, Hardshipstimulus.com, 1225 Ave. Juan Ponce de León, PH-1636, San Juan, PR 00907. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Please be sure to identify the specific website, software, or service about which you have a question or complaint and how we can contact you.

18. Dispute Resolution; Arbitration

We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.

Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: Hardshipstimulus.com, 1225 Ave. Juan Ponce de León, PH-1636, San Juan, PR 00907, Attn: Legal Department.

If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these Terms of Use or our sites and services will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.

We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.

You agree that arbitration will be exclusively held remotely or in San Juan, PR and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney.

19. Miscellaneous

a. Rules for Sweepstakes, Contests and Promotions

In addition to the terms and conditions of these TOU, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through our sites and services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these TOU, the terms and conditions of such rules will control.

b. Copyright, Trademark and Patent Notices

Except as otherwise expressly provided, all contents of our sites and services are copyrighted. All rights reserved. Our registered trademarks are protected by United States and international laws. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, “our marks”). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us. One or more patents owned by us apply to our sites and services and to the features and services accessible via our sites and services.

c. Reservation of Rights in our sites and services

Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

d. Entire Agreement

These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

e. Governing Law; Forum

Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TOU, our sites and services or content accessed through our sites and services will be governed by the laws of San Juan, PR without regard to conflict or choice of law principles.

You agree that any claims, causes of action or disputes not subject to Section 18 (Dispute Resolution; Arbitration) will be brought exclusively in courts located within the county of San Juan, PR, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred.

All claims not subject to Section 18 (Dispute Resolution; Arbitration) that you bring against us must be resolved in accordance with Section 19(e). All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover attorneys. fees and costs up to U.S. $2,500 provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.

f. Electronic Communications

When you use our sites and services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

g. Electronic Contracting

Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

h. Termination; No Assignment

You may terminate your account and/or stop using our sites and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.

These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU.

i. Feedback

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.

j. Waiver

Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.

Privacy Policy

Hardshipstimulus.com and its affiliates (collectively, “HardshipStimulus,” “Hardship Stimulus,” “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “site(s),” “service(s),” or “our sites and services.”

This privacy policy applies to our sites and services on which we display or post a direct link to this privacy policy. This privacy policy does not apply to those sites and services that do not display or link to this privacy policy, or that have their own privacy policies. However, we often acquire new companies to expand our business. Some acquired companies may operate under their own privacy policies until we integrate their privacy practices with ours.

This privacy policy applies to all users of our sites and services and covers what information we collect and why we collect it, how we use the information we collect, and the choices you have to access and update that information. Please familiarize yourself with our practices and let us know if you have any questions. By using our sites and services, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this privacy policy. Each time you use our sites and services, the current version of this privacy policy will apply. If you do not agree to this privacy policy, please do not use our sites or services.

Data Controller and Contracting Parties

For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is Hardshipstimulus.com registered in Puerto Rico, United States of America with a registered address at 1225 Ave. Juan Ponce de León, PH-1636, San Juan, PR 00907.

You can contact our Data Protection Officer by sending by writing to:

Hardshipstimulus.com

Attn: Legal Department

1225 Ave. Juan Ponce de León

PH-1636

San Juan, PR 00907

1. Personal Information that You Provide to Us

Personal information is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. When you interact with our sites and services, depending on the site or service, we may collect the following personal information directly from you

Account or Registration Information where needed to use our sites and services, and may include your name, address, email address, telephone number, birthday, user account name, and password;

Contact Information, which generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers;

Payment Information where needed to process payments and generally includes your credit or debit card number, expiration date, and card verification number;

Personal Profile or Service Information, which may include areas of interest, information from social media interactions (such as Facebook, Twitter, or Google+), preferences, physical characteristics (such as height, weight), photographs and, biographical, health information and/or demographic information (such as gender);

Transaction Information, which may include information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business partners, and service providers;

Geographic Location Information but only if your device transmits location data and/or your IP address and you have activated a location-enabled site or service;

Job-Search-Related Information where needed for recruitment purposes and may include educational and employment background, driver’s license number, and social security number;

Survey Data where needed for the functionality of certain services and generally includes survey questions and responses, and may allow you to import email addresses and names in order to send surveys or to allow us to send surveys on your behalf;

Medical Information, where needed for the functionality of certain services, such as to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you or your healthcare provider choose to provide to us;

Appointment Information, where needed to schedule an appointment or consultation through our online appointment or consultation services and may include the requested appointment information, which may be linked with health or legal information that you choose to provide to us;

Access to Your Data, but only if you use certain services, interactive tools, or authorize us to retrieve information from another database, user, or other third party on your behalf, such as integrating a practice management system with your services;

Your Submissions, which generally includes information you voluntarily provide through free form text boxes, forums, document upload, or data retrieval or import;

In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it to us.

2. Other Information We Automatically Collect through Cookies and Other Technologies

We or our third-party service providers may collect and store certain technical information when you use our sites and services. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the site or service, device size and other software or hardware information. If you access our sites and services from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it and to improve your experience in using the sites or services.

In addition, we or our third-party service providers may collect information about how you use of our sites, including but not limited to, the date and time you visit the sites, the areas or pages of the sites that you visit, the amount of time you spend viewing the sites, the number of times you return to the sites, visits to sites outside our network, preferred language, and other click-stream data.

2.1 Cookies

We or our third-party service providers may use cookies and other tracking technologies (including browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) to help us recognize you across different sites and services, improve your experience, increase security, measure use and effectiveness of our services, and serve advertising. You can control cookies through your browser settings and other tools. For more information about our use of cookies.

By visiting our sites and services, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy.

2.2 Do Not Track

You can opt-out of being targeted by certain third-party advertising companies online by visiting the following third-party websites: Network Advertising Initiative, Omniture, PrivacyChoice, and/or Digital Advertising Alliance

We currently do not respond to “Do Not Track” browser signals. Accordingly, your navigation on our sites and services may be tracked as part of our efforts to gather user information described above. If you arrive at our sites and services by way of a link from a third-party site that does respond to “Do Not Track” browser signals, such “Do Not Track” browser signal recognition will end as soon as you reach our sites and services.

3. Our Legal Bases for Processing

We will only collect and process personal information, including sharing it with third parties, where we have a legal basis for such collection and processing. We rely on a number of legal bases, including:

our legitimate interests in providing and improving our sites and services;

our legitimate interests in keeping our sites and services safe and secure;

our third party service providers’ legitimate interests as described in “Other Information We Automatically Collect Through Cookies and Other Technologies” above;

your consent to the processing of your personal information, which you can revoke at any time;

where the processing of personal information is necessary for the performance of a contract to which you are a party to, such as our Terms of Use, Service Agreement, and License Agreement;

where the processing of your personal information is required to protect your vital interests or those of another person, such as other users of our sites and services;

where the processing of personal information is necessary to comply with a legal obligation such as a law, regulation, search warrant, subpoena, or court order.

4. How We Use Personal Information

4.1 Personal Information that You Provide to Us

We may use the personal information that you provide in one or more of the following ways:

to carry out our obligations arising from your purchase of, or subscription to, our services or any other contract entered into between you and us;

to enable site features such as geographically specific pricing or logging, and retrieving and providing analysis of data;

to send you important notices, such as communications about changes to your account, and our sites’ and services’ terms, conditions, or policies;

to process payments and to send you emails, invoices, receipts, notices of delinquency, alerting you if we need different or updated payment card information or other communications in connection with processing and collecting payments;

to verify the information you provide through our sites and services, including income and employment information, in connection with a loan request sent through our sites and services;

to retain your loan request for the length of time determined by us or by applicable law;

to solicit input and feedback to improve our sites and services and customize your user experience;

to enable you to communicate with other site or service users via private messaging or other service specific communication channels;

to contact you via email, telephone, text or chat in a manner required by law;

to meet contractual obligations;

to send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins;

to inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our sites, email messages, text messages, applications, or other methods of communication;

to manage our sites’ and services’ administration, forum management, or fulfillment;

to provide customer service and technical support;

to administer surveys, sweepstakes, giveaways, contests, or similar promotions or events sponsored by us or our partners;

to prevent fraud or potentially illegal activities, enforce our sites’ Terms of Use, or to comply with applicable law;

for internal purposes such as auditing, data analysis, and research to improve our products, services, and communications;

to allow you to apply for a job or sign-up for special offers from third parties through our sites and services;

to help you contact or schedule an appointment with a healthcare provider or a legal professional listed in one of our directories and to remind you of upcoming or follow-up appointments;

to perform services in conjunction with interactive tools, such as integrating practice management systems, making a referral, sending a prescription to a pharmacy, or sending a test to a clinical laboratory; and

to run (or authorize third parties to run) statistical research on individual or aggregate trends.

In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information, or with your consent.

4.2 Other Information We Automatically Collect Through Cookies and Other Technologies

We may use information collected from you through cookies and other tracking technologies in one or more of the following ways:

to remember you when you return to our sites;

to understand and analyze trends, to monitor usage, and learn about user behavior;

to gather demographic information about our user base as a whole;

to customize ads, content, or offers on our sites and services; and

to conduct market research and measurement in order to improve our sites, content, and services and to make our sites, content, and services more useful for users.

4.3 TrustedForm

We use ActiveProspect’s TrustedForm Script to independently document users’ consent to be contacted. The TrustedForm Script is embedded on our website and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the TrustedForm Script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, located at https://activeprospect.com/privacy-policy/.

5. Sharing Personal and Non-Personal Information

We may share your personal information with third parties in the following circumstances:

when we engage third parties to perform services on our behalf, such services include maintenance, hosting, data storage, security, analytics and data analysis, payment processing, marketing, email and text message distribution, customer service, and surveys and sweepstakes;

when you communicate with us by email, submit an online form through our sites and services, request a quote or information, request financing, purchase a product or service, or otherwise submit a request through our sites and services, the personal information you provide may be shared with third parties to process or respond to your request, provide you with the products or services you requested, or complete a transaction, including a third party broker, aggregator, or other referral service to share and/or sell your information to a lender, dealer, or other financial institution in connection with your online request.

when you schedule an appointment with a healthcare provider or legal professional, we may share your contact data, insurance data, and medical data with such healthcare provider or legal professional;

where necessary to operate our sites and services, your personal information and the contents of all of your online communications on or through our sites and services may be accessed and monitored:

to satisfy any applicable laws or regulations,

to defend ourselves in litigation or a regulatory action,

in order to protect the rights or property of Hardshipstimulus’s and our subsidiaries and corporate affiliates, including to enforce our sites’ or services’ Terms of Use.

when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant),

where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management, and

when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally;

in the event of a merger, acquisition, debt financing, restructure, sale of Hardshipstimulus’s assets by or with another company, or a similar corporate transaction, we may need to disclose and transfer all information about you, including personal information, to the successor company;

we may share information about you with Hardshipstimulus’s subsidiaries and affiliates and companies acquired by or merged with Hardshipstimulus and its affiliates, including without limitation, to enable such acquired or merged companies to advertise to you products and services in which you may be interested.

when you register to use a service co-branded by Hardshipstimulus and other companies with which we partner, we may share the personal information you provide with such companies; in this instance, both our privacy policy and the partner’s privacy policy will apply;

We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.

Non-personal information may be shared with our partners who referred you to our site(s) and who may use the data for their market research and measurement purpose. User information may also be shared with our partners who help us deliver ads to you on websites not controlled by us; for instance, when we put a pixel on a conversion page on our site and a marketing partner uses that pixel to optimize the traffic that they send to us.

6. User Generated Content, Online Communities and Forums, Profiles, Surveys, Reviews and Ratings

You may choose to publicly disclose personal information about yourself and others in the course of (i) contributing user generated content (for instance articles, blogs, surveys, reviews, ratings, or podcasts), (ii) communicating with others in our online forums, communities, or chat rooms, (iii) creating user profiles for public view, or (iv) posting images, photos, or videos. Be aware, information that you voluntarily disclose in any of these areas of our sites or services is unencrypted, public information and, therefore, there can be no expectation of privacy or confidentiality, except if the terms of use of the site or service specifically limit use of the content (for example, we may let you know how such survey and rating responses will be used and if anonymity is an option). Any personal information you submit in the course of interacting in these public activities can be read, collected, or used by other users. Prior to posting in these areas, we encourage you to read the specific site’s or service’s terms of use, as we are not responsible for the personal information you choose to make public in any of these areas and strongly recommend against sharing any personal health or other sensitive information that could directly or indirectly be traced to any individual, including yourself.

7. Accessing and Updating Personal Information

We encourage you to keep your personal information up-to-date and accurate. The methods for accessing, viewing, correcting, and deleting your personal information will depend on which sites or services you use and their features. You have several choices; for instance:

to view and change the personal information that you directly provided to us, you can return to the web page on our site where you originally submitted the data and follow the instructions on that web page;

to correct or update your account information, you can log into the site or service where you are registered and navigate to your account;

to close your account, you can log into the site or service where you are registered and navigate to your account;

to change your email preferences, you can visit the email preferences page for the relevant site or follow the opt-out or unsubscribe instructions included in each email (for more information about email preferences, please see “Email and Other Communications” below); or

to access, change, or remove your protected health information, please see the “HIPAA” section below.

You can also manage certain aspects of information collection and use, including disabling geo-location, by going to the settings of your mobile device and reviewing the permissions of each application.

If you have questions about your options, please email support@Hardshipstimulus.com. Protecting your privacy and security is important and we also take reasonable steps to verify your identity before granting access to your data.

Please be aware that certain records and information will be retained for specific purposes such as legal, payment, accounting, technical, dispute resolution, enforcement of our sites’ and services’ Terms of Use, or customer service. If you have posted comments or user generated content on our site, we may not be able to delete it. Further, we take no responsibility for removing or editing any of your public activities or any submissions or content that is a result of your public activities. We may reject requests that are unreasonably repetitive or impractical, require disproportionate technical effort, or risk the privacy of others.

8. Storing Personal Information

We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms of Use or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.

9. Email and Other Communications

Our sites and services may allow us or other users to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.

9.1 Text Messaging

We may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone, which will be governed by our Text Messaging Services Policy.

9.2 Opting Out of Requested Communications

Requested communications include, for instance, email newsletters and software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt-out” of receiving them by using one of the following methods:

selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication;

returning to the web page(s) where you originally registered your preferences and following the opt-out instructions; or

emailing support@Hardshipstimulus.com

9.3 Opting Out of Transactional or Relationship Communications

Communications that are sent by or on behalf of a user are indicated as being from that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists. Either type of communication may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates, such as appointment reminders. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders, and cancellations. You may not be able to opt-out of receiving certain email messages, although our services may provide a means to modify the frequency of receiving them.

9.4 Opting Out of General or Promotional Communications

General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt-out of receiving these general communications by using one of the following methods:

selecting the email “opt-out” or “unsubscribe” link, or following the opt-out instructions included in each email communication; or

emailing support@Hardshipstimulus.com

10. Protecting Personal and Protected Health Information

To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical, and administrative safeguards, including: Transport Layer Security (TLS), firewalls, system alerts, and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage, and processing practices. We use reasonable and appropriate administrative, physical, technical, and data security procedures and controls to safeguard your personal and protected health information against unauthorized access, disclosure, loss, misuse, and alteration. Under applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act (collectively referred to herein as HIPAA), residing on and processed by our sites and services.

We use third-party service providers to manage credit card and payment processing. These service providers are not permitted to store, retain, or use billing Information except for the sole purpose of credit card and payment processing on our behalf. When you enter payment information to be processed by our third party service providers, we encrypt the transmission of that information using transport layer security (TLS) technology and do not store it on our systems.

It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our services. We cannot assume responsibility or liability for unauthorized access to our servers and systems. When disclosing any personal or protected health information, you should remain mindful of the fact that it is potentially accessible to the public and, consequently, can be collected and used by others without your consent. Accordingly, you should carefully consider if you want to submit sensitive information that you would not want disclosed to the public and should recognize that your use of the Internet and our sites and services is solely at your risk. You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except as provided in a Business Associate Agreement between us and a healthcare provider, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.

11. Linked Websites and Services

Our sites and services may link to other sites or services operated by our affiliates or third parties, and may carry advertisements or offer content, functionality, newsletters, contests or sweepstakes, or applications developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our sites or services via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third party nor is it an endorsement of their privacy or information security policies or practices.

We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.

12. HIPAA

Our sites and services may collect, disclose, use, and store PHI that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.

12.1 Use and Disclosure of Your Protected Health Information

When you use certain services (for example, appointment request) the PHI that you submit is used and disclosed by us as a Business Associate, as defined by HIPAA, according to the terms of the Business Associate Agreement between us and your healthcare provider. Accordingly, we may only use and disclose your PHI on behalf of, or to provide services to, your healthcare provider according to the terms of the Business Associate Agreement. There are exceptions to this use and disclosure restriction. Under such exceptions, we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.

We may subcontract some of our services. In doing so, we require our subcontractors to comply with the same terms and conditions for PHI that apply to us as a Business Associate.

As a Business Associate, we may be permitted to de-identify your PHI. We de-identify PHI in accordance with the criteria prescribed by HIPAA. We may use and disclose any such de-identified information in the same manner as personal information under this privacy policy.

This section does not provide you with any right under this privacy policy, HIPAA, or any other law or regulation.

12.2 How to Access, Change, or Remove Your PHI

Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact your healthcare provider.

Please note that you are not entitled to review the content of another user’s account. Accordingly, if you have used our sites and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared. Further, please note that other users may submit information that identifies you, and you may not be entitled to access, update, or delete that information. In either case, certain users, such as healthcare providers, may be required by HIPAA and other applicable laws or regulations to retain such information for extended periods of time.

Most of our Business Associate Agreements require us and our subcontractors to either return or destroy PHI received or created pursuant to the business associate relationship upon the termination of the Business Associate Agreement. Accordingly, if the Business Associate Agreement between us and your healthcare provider has been terminated, then any PHI that you submitted to our sites and services, or otherwise maintained by us or a subcontractor in connection with our sites and services, will be returned to the healthcare provider or destroyed by us or such subcontractor.

13. Children’s and Minor’s Privacy

Children under the age of 13 are not permitted to use our sites and services. We do not knowingly collect personal information from children under the age of 13 or utilize plug-ins or ad networks that collect personal information through child-directed third-party websites or online services. If we learn that we have collected personal information from a child under 13, we will take steps to promptly delete such information.

Our sites and services generally require users to be at least 18 years of age. Unless our sites and services contain the “Privacy Rights for California Minors in the Digital World” supplemental terms, our sites and services do not collect age from users under 18. Without limiting the generality of the foregoing, our services may allow users above the age of 18 (such as healthcare providers, parents, and guardians) to submit personal information of minors. Such users assume full responsibility over their submission, use, and transmission of such information.

14. International Users

We are headquartered in the United States. Our sites and services are intended for users in the United States and hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and in other countries. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our sites and services may be processed in, transferred to, and stored in the United States and in any other countries from where our cloud service providers operate. Please be aware that the privacy laws and standards in certain countries may differ from those that apply in the country in which you reside. By using our sites and services or providing us with your information, you consent to the transfer of your information for processing and storage to the United States and any other country from where our cloud service providers operate.

15. California Privacy Rights

This section is provided pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”) and other applicable California privacy laws. This section applies solely to our users who are California residents as defined under applicable California privacy laws.

15.1 Information We Collect

Within the last twelve (12) months, we have or may have collected the following categories of information from our users and/or consumers:

identifiers, such as a name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number, or other similar identifiers;

personal information listed under Cal. Civ. Code § 1798.80(e);

characteristics of protected classifications under California or federal law;

commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

biometric information;

internet or other similar network activity, such as browsing history, search history, information regarding your interaction with a website, application, or advertisement;

geolocation data;

professional or employment-related information; and

inferences drawn from any of the information identified in this section to create a profile about users reflecting user preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

15.2 Categories of Sources from Which Information is Collected

We obtain the categories of personal information listed above from the following categories of sources:

directly from users, such as you, as described above under “Personal Information that You Provide to Us”;

indirectly from other users of our sites and services;

indirectly from third-parties that interact with us in connection with the services that we perform; and

directly and indirectly through cookies and other technologies, as described above under “Other Information We Automatically Collect through Cookies and Other Technologies.”

15.3 Using and Sharing of Personal Information

The personal information described in the categories above may be used for the business purposes listed above under “How We Use Personal Information.”

We disclose your personal information for a business purpose to the following categories of third parties: (a) service providers and (b) third parties to whom you authorize or direct us to disclose your personal information in connection with our sites and services. In the preceding twelve (12) months, we have disclosed the personal information described in the categories above for the business purposes listed above under “Sharing Personal and Non-Personal Information.” We also may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent. 

15.4 Personal Information “Sold” to Third Parties

We may share information that we have about you, such as a cookie ID or IP address, with third-party marketing partners who may use this information, on our behalf, to help us deliver advertising on our sites as well as on third-party websites.

In the preceding twelve (12) months, we have made available personal information included in the categories described above to third-parties, including our third-party marketing partners to deliver advertising. For more information about our use of cookies and other tracking technologies.

We do not sell the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA.

15.5 Your Access and Deletion Rights under the CCPA

As of January 1, 2020, California residents, as defined under applicable California privacy laws, may take advantage of the following rights:

You may request, up to two (2) times each year, that we disclose to you, once we receive and confirm your verifiable consumer request, the: (i) categories and specific pieces of personal information that we have collected about you; (ii) categories of sources from which your personal information is collected; (iii) business or commercial purpose for collecting your personal information; (iv) categories of personal information that we disclosed for a business purpose; (v) categories of personal information that we sold about you; (vi) categories of third-parties with whom we have shared your personal information; and (vii) business or commercial purpose for selling your personal information.

Subject to certain exceptions and up to two (2) times each year, you may request that we delete any of your personal information that we collected from you. Once we receive and confirm your verifiable consumer request for deletion, we will delete (and direct our service providers to delete) such personal information from our records, unless an exception applies.

15.6 Exercising Your Access and Deletion Rights under the CCPA

To exercise the access and deletion rights described above, please submit a request to us by sending an email to support@Hardshipstimulus.com.

You will be asked to provide certain identifying information, such as your name, email, and residency. You will also be asked to validate your request by clicking a validation link in an email that will be sent to the email address you provided. While processing your request, we may ask you to provide further verifying documentation, such as proof of residency and identity. We will only use personal information provided in a request to verify the requestor’s identity or authority to make the request.

Your request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or that you have authority to make the request; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

15.7 Opting-out of the Sales of your Personal Information

Subject to certain exclusions under the CCPA, you have the right to opt-out of the sale of your personal information. Once we receive your request, we will not sell your personal information, unless an exclusion applies.

To opt-out of the sale of your personal information that we collect through cookies and other technologies.

To opt-out of the sale of your personal information that we collected directly from you or other third-parties, please submit a request to us by sending an email to support@Hardshipstimulus.com.

We may deny your request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent.

15.8 Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA. Accordingly, and unless permitted by the CCPA, we will not:

deny you goods or services;

charge you different prices or rates for goods or services, including through the use of discounts or by imposing penalties;

provide you a different level or quality of goods or services; or

suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We may charge a different price or rate or provide a different level of service if the difference is reasonably related to the value provided by your personal information.

15.9 Other Applicable California Privacy Laws

Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for direct marketing purposes. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line and allow 30 days for a response. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

In accordance with Section 22581 of the California Business and Professions Code if you are a California resident under the age of 18, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please fill out our Privacy Contact Form with “California Privacy Rights” in the subject line. Please specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

16. Nevada Privacy Rights

FOR RESIDENTS OF NEVADA ONLY. In accordance with SB 220, Nevada consumers may opt-out of the sale of their personal information to third parties. If you reside in Nevada and you have provided us with your personal information, you may choose to opt-out of the sale of such personal information by emailing us at support@Hardshipstimulus.com with “Nevada Privacy Right” in the subject line. We may request for additional information from you in order to verify your identity and/or the authenticity of your request.

17. EU Privacy Rights

FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:

request access to your personal information;

request correction of your personal information;

request erasure of your personal information;

object to processing of your personal information;

request restriction of processing your personal information;

request transfer of your personal information; and

withdraw your consent.

In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.

You can exercise any of these rights by sending an email to support@Hardshipstimulus.com with “EU Privacy Rights” in the subject line. If you believe that we have not complied with its obligations under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority.

18. Contacting Us

If you have any questions or concerns about this privacy policy or our practices you can send an email to support@Hardshipstimulus.com or write to us at Hardshipstimulus.com, Privacy Office, 1225 Ave. Juan Ponce de León, PH-1636, San Juan, PR 00907 U.S.A. Please be sure to identify the specific website, software, or service about which you have a question or concern and how we can contact you.

19. Changes to This Privacy Policy

We may revise this privacy policy from time to time and, if we do, we will update it on this page and modify the “Last Updated” date. If our information practices change in a significant way, you will be provided notice by means of notice on our sites or otherwise in writing. Because our privacy policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. If you disagree with any changes to this privacy policy and do not wish your information to be subject to the revised privacy policy, you will need to deactivate your account or terminate your services. Your use of our sites and services following any such change constitutes your agreement that all information collected from or about you through our sites and services after the revised privacy policy is posted will be subject to the terms of the revised privacy policy.