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Terms of Use

HELMER, INC.
WEBSITE TERMS OF USE AGREEMENT

1. Definitions.
Helmerinc.com is the website maintained on the World Wide Web by Helmer, Inc. "The site" or "site" refers to helmerinc.com. "User," or collectively "Users," refers to any party who accesses the site. "Helmer" refers to Helmer, Inc. "Access" means viewing or otherwise obtaining information located on helmerinc.com. "Agreement" refers to these terms of use and any subsequent modification.

2. Acceptance of Terms.
By accessing the site or purchasing something from us via the World Wide Web or any other medium, User engages in our "Service" and agrees to be bound by the following terms and conditions ("Terms of Service", "Terms") including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Helmer reserves the right to modify these terms of use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these terms of use is effective immediately upon User's receipt of notice from Helmer. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check those terms of use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed terms of use.

Helmer has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Helmer can restrict access to any or all portions of the site or remove any information or content from the site at any time. Helmer reserves the right to monitor use of the site.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

3. Copyright and Marks.
All contents on the site (with the exception of content provided by Helmer's third party content providers) are the copyrighted property of Helmer. Other than the download to the viewer's computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of Helmer. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site.

All trademarks, service marks, word marks, and trade names of Helmer used on this site (including, but not limited to the Helmer name) are trademarks or registered trademarks of Helmer. Nothing contained on this site is to be construed as granting, by implication or otherwise, any license or right of use of any such trademark without the prior written permission of Helmer. The use of Helmer trademarks on any other website or network computer environment, without express written consent of Helmer is strictly prohibited. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.

4. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
1) Use any device or other means to harvest information about other Users.
2) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
3) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User's or Helmer employee's computer or other medium used to access the site.
4) Modify the information, including headers, found on the website.
5) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
6) Engage in any action which Helmer determines is detrimental to the use and enjoyment of the website.
7) Use the website for any unlawful or defamatory means.
8) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

5. Disclaimer and Limitation of Liability.
Although Helmer has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HELMER NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HELMER, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HELMER IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

IN NO EVENT WILL HELMER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

IN NO EVENT WILL HELMER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

6. Modifications to the Products and Prices.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. Products or Services (If Applicable).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

8. Accuracy of Billing and Account Information.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per facility or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9. Third Party Content.
Helmer is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and Helmer is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Helmer. Helmer assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with such dealings.

HELMER MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, HELMER DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

10. Personal Information.
Your submission of personal information through the store is governed by our Privacy Policy.

11. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless Helmer and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site.

12. Security.
Users are prohibited from violating or attempting to violate the security of the site. Helmer will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

13. Termination of Agreement.
Either Helmer or User may terminate this Agreement at its discretion. In addition to Helmer's other rights, Helmer may terminate access to this site or cancel membership to any service that Helmer provides on the site, if User breaches this Agreement in any way or engages in conduct that Helmer deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 3, 4, 5, 6, 7, 8 and 12 shall survive.

14. Links.
User must obtain the prior written permission of Helmer before linking to this website. Additionally, Helmer reserves the right to terminate any link found on the site at any time.

15. Copyright Protection.
Helmer honors the intellectual property rights of others and asks the same of Users of the site. Helmer may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Helmer with the following information:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Helmer to identify the material;
iv. Information that is reasonably sufficient to permit Helmer to contact the complaining party, such as address, telephone number and, if available, e-mail address;
v. A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Helmer can be contacted at:

Name: HELMER, INC.
Address: 14400 Bergen Blvd, Noblesville, IN, USA, 46060
Phone: +1.317.773.9073
E-mail: marketing@helmerinc.com

16. Miscellaneous.
These terms of use constitute the entire agreement between Helmer and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Helmer and User dealing with the subject matter hereof is superseded. If any portion of this agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, Helmer may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Helmer's remedies are cumulative and not exclusive. Failure of Helmer to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Helmer makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.