The following terms and conditions (“Terms”) govern your use of heliosgearproducts.com (“Web Site”) and the materials that are accessible on or from this Web Site. Please read these Terms before entering this Web Site. Your use of this Web Site means that you accept the Terms. If you do not agree with the Terms, please do not visit or use this Web Site. Also, please review the Terms from time to time because they may have changed, and changed Terms are effective from the date of the change.
Links to Third-Party Sites
Linked sites which you may choose to access through this Web Site are controlled by Helios Gear Products, and Helios Gear Products is not responsible for the content, accuracy, or privacy practices of any such linked site. Helios Gear Products provides links to you only as a convenience, and the inclusion of any link does not imply Helios Gear Products’ endorsement of the site or any of its content.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Web Site, or any other systems or networks connected to the Web Site, or to any of the services offered on or through the Web Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Web Site or any network connected to the Web Site, nor breach the security or authentication measures on the Web Site or any network connected to the Web Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web Site, or any other customer of Helios Gear Products, including any Helios Gear Products account not owned by you, to its source, or exploit the Web Site or any service or information made available or offered by or through the Web Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or Helios Gear Products’ systems or networks, or any systems or networks connected to the Web Site or to Helios Gear Products.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any transaction being conducted on the Web Site, or with any other person’s use of the Web Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Helios Gear Products or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Site, including promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. The Web Site is not a representation or warranty on any product or service and any such products or services may be governed by terms other than these Terms.
Helios Gear Products’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Web Site should be construed to alter such agreements.
Helios Gear Products may make changes to any products or services offered on the Web Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Web Site with respect to products and services may be out of date, and Helios Gear Products makes no commitment to update the materials on the Web Site with respect to such products and services.
Submitting Information to Helios Gear Products
Helios Gear Products may require that you enter certain login information (e.g., username and password) to register to use certain features on this Web Site and Helios Gear Products will only use this information to allow you to access such features. You are responsible for maintaining the confidentiality of login information and for restricting access to your device and you agree to accept responsibility for all activities that occur through use of the Web Site on your device.
You also may be required to enter other information to use certain aspects of the Web Site, including your name, contact information (i.e., phone number, e-mail, company name, location), machine related information and service issues.
This information may be used by Helios Gear Products to respond to your inquiries and supply you with requested information on its products and services. In addition, Helios Gear Products will collect general information (such as the type of operating system and device you use, the service and geographic area from which you access or use the Web Site, the time and length of your visit/use and the pages you visited) to improve the Web Site as well as for marketing research and other marketing purposes. While Helios Gear Products may share this information with its affiliates, it will not sell your personally-identifiable information to any other entity.
Helios Gear Products may also use third-party tracking applications to determine how and where this Web Site is being accessed.
If you have any questions or concerns about privacy issues you should contact: firstname.lastname@example.org.
You are responsible for the accuracy of all information you provide to Helios Gear Products using the Web Site. Helios Gear Products does not have to verify the accuracy of any such information and is not responsible for any damages to you caused by its inability or delay in contacting you because of inaccurate information.
Disclaimers and Limitation of Liability
THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS FOR INFORMATIONAL PURPOSES ONLY. HELIOS GEAR PRODUCTS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, Accuracy AND NON-INFRINGEMENT. Helios Gear Products cannot ensure that any files or other data you download from the Web Site will be free of viruses or contamination or destructive features. Helios Gear Products assumes no responsibility for errors or omissions in this Web Site or other documents which are referenced by or linked to this Web Site. Changes, deletions and additions may be made to the information contained in this Web Site by Helios Gear Products at any time without notice, and Helios Gear Products may change the products or services described in this publication at any time without notice. Not all products or services referenced in this Web Site are available in all areas. Please contact your local Helios Gear Products salesperson or representative for further information before relying on any information contained herein.
IN NO EVENT WILL HELIOS GEAR PRODUCTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) BASED ON ANY USE OF THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE. Your sole remedy against Helios Gear Products for dissatisfaction with the Web Site or any Content is to stop using the Web Site or any such Content. This limitation of relief is a part of the bargain between the parties.
You acknowledge and agree that you will not litigate any claims against Helios Gear Products or its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You further agree that any cause of action arising out of or related to the Web Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Helios Gear Products, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Helios Gear Products by any third party due to or arising out of or in connection with your use of the Web Site.
Helios Gear Products may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Helios Gear Products’ rights or property, or the rights or property of visitors to or users of the Web Site. Helios Gear Products reserves the right at all times to disclose any information that Helios Gear Products deems necessary to comply with any applicable law, regulation, legal process or governmental request. Helios Gear Products also may disclose your information when Helios Gear Products determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Helios Gear Products may preserve any transmittal or communication by you with Helios Gear Products through the Web Site or any service offered on or through the Web Site, and may also disclose such data if required to do so by law or Helios Gear Products determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Helios Gear Products, its employees, users of or visitors to the Web Site, and the public.
You agree that Helios Gear Products may, in its sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if Helios Gear Products determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Helios Gear Products, for which monetary damages would be inadequate, and you consent to Helios Gear Products seeking any injunctive or equitable relief that Helios Gear Products deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Helios Gear Products may have at law or in equity.
You agree that Helios Gear Products may, in its sole discretion and without prior notice, terminate your access to the Web Site for any reason or no reason including, but not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Web Site or any service offered on or through the Web Site, or (4) unexpected technical issues or problems.
If Helios Gear Products does take any legal action against you as a result of your violation of these Terms, Helios Gear Products will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Helios Gear Products. You agree that Helios Gear Products will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of these Terms.
Applicable Law, Jurisdictional Issues, Severability, and Integration
Unless otherwise specified, this Web Site is controlled by Helios Gear Products in the State of Illinois. Accordingly, the Terms are governed by the laws of the State of Illinois, without regard to its conflicts-of-law and choice-of-laws provisions.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining Terms. The Terms represent the entire agreement between Helios Gear Products and you relating to the subject matter herein, and you shall be responsible for the acts and omissions of your employees and agents in connection with their use of this Web Site.
Helios Gear Products’ failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by it in writing.
Helios Gear Products reserves the right to revise or make changes to this Web Site and these Terms at any time without notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.
Revision: January 1, 2019.