Terms of Service
Helmm Content and User Content
The Sites, including without limitation their operating source code, functionality and look and feel are owned and operated by Helmm. Helmm owns and/or licenses all of the Content that is featured, displayed, or contained on Helmm’s Sites including, without limitation, user profiles, posts, comments, articles, software codes and all other information in any and every format now existing or that may be created in the future including without limitation text, graphic designs, still images, videos, audio and multimedia (collectively, the "Content"), including User Content. "User Content" means all information, posts, comments, reviews, inquiries, ideas, feedback related to product, feedback related to experience, feedback related to the Sites, thoughts, considerations, tweaks, suggestions, user profiles, behavioral data, narratives and comments that you or any other user of the Sites posts, submits, or otherwise transmit and/or upload to any of the Sites. User Content also includes any information communicated with Helmm, its subsidiaries and affiliates, and their respective members, managers, officers, employees, agents, representatives, successors, predecessors and assigns through the Sites or in any form whatsoever.
Your access to and use of Helmm’s Sites, all Content and all User Content are also subject to all applicable law and regulations.
By submitting any User Content and/or your name, user name, telephone number, email address, physical address, social media usernames and passwords, and/or any other personally identifiable information to the Sites, you represent and warrant to Helmm as follows: you own and/or possess the full and exclusive right to utilize and license any and all User Content; such User Content does not infringe the copyright and other intellectual property right or any other right of any third party; and none of the User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of Helmm’s Sites shall be subject to any obligation on the part of Helmm, whatsoever, including without limitation confidentiality, attribution or otherwise. Helmm shall not be liable whatsoever for any use or disclosure of any User Content, whether intentional, inadvertent, resulting from hacking or otherwise.
You agree to assume full and sole responsibility for any and all User Content that you directly or indirectly post, share, submit or otherwise transmit and/or upload to any of Helmm’s Sites or Helmm, its subsidiaries and affiliates, and their respective members, managers, officers, employees, agents, representatives, successors, predecessors and assigns through the Sites or in any form whatsoever, directly or indirectly. You agree to maintain any and all copyright, trademark, other intellectual property and/or other proprietary or other notices embedded in or attached to any User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of Helmm’s Sites.
You hereby automatically and immediately grant to Helmm a fully-paid, non-exclusive, royalty-free, worldwide, perpetual, sublicensable, transferable license to use, incorporate, develop, post, edit, modify, redact, incubate, build upon, advertise, promote, host, cache, copy, display, transmit, upload, transfer, control, download, record and/or otherwise deal with or exploit such User Content, or any communications to Helmm’s Sites, for any and all purposes whatsoever. You agree that neither you nor any other party shall be entitled to receive any payment, royalty, license fee and/or remuneration for Helmm’s exercise or non-exercise of its rights under such license.
Requirements to Use and Access the Sites
You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of Helmm’s Sites. You agree not to access or use any of Helmm’s Sites in any way that is unacceptable or illegal, as determined by Helmm in its sole and absolute discretion. Specifically and without limitation, you agree not to do or attempt to do any of the following things:
1. Directly or indirectly submit User Content or any other material in any medium whatsoever that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, profane, threatening, malicious, unlawful, invasive of privacy or publicity rights, intended to be used for any unlawful purpose, fraudulent, false or misleading, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity, actually or potentially infringes the copyright, trademark, patent, trade secret, privacy, publicity, or any other right of any person or entity including Helmm, violates any applicable law, statute, ordinance, regulation or guideline (including without limitation applicable law, statute, ordinance, regulation or guideline concerning anti-discrimination, export controls, false advertising or unfair competition) or may give rise to civil liability.
2. Directly or indirectly modify, adapt, sub-license, translate, sell, reverse engineer, decompile, re-create, and/or disassemble any portion of the Sites or their source codes or attempt to do any of the foregoing.
3. Directly or indirectly remove or change any copyright, trademark, other intellectual property or other proprietary notices contained in Helmm’s Sites or embedded in or attached to any Content and/or User Content.
4. Directly or indirectly create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication, including without limitation User Content.
5. Directly or indirectly post or transmit “spam,” unsolicited email, text or any other messages in any medium whatsoever, or any other unsolicited commercial or other communication of any kind whatsoever other than in connection with your appropriate use of the Sites, as determined by Helmm in its sole and absolute discretion.
6. Directly or indirectly express or imply that any statements you make and/or any User Content that you submitted are endorsed by Helmm.
7. Directly or indirectly “hack” or deface, in any way and to any extent, all or any portion of any of Helmm’s Sites or directly or indirectly facilitate such hacking or defacing or attempt to do any of the foregoing.
8. Directly or indirectly interfere with, disrupt, and/or gain unauthorized access to other user accounts on any of Helmm’s Sites or any other computer network or attempt to do any of the foregoing.
9. Directly or indirectly post or transmit viruses, corrupted files, malware, ransomware, spyware, Trojan horses, worms, defects, phishing, date bombs, time bombs, bugs, executables computer codes, scripts, applications and/or programs or other items of a destructive nature that may damage, expropriate, intercept or interfere with any data, information, property or system of any person or entity (including Helmm) or that may damage or interfere with access to and/or use of the Sites by any person or entity (collectively, "Virus") or attempt to do any of the foregoing.
10. Access and/or use the Sites or any type of the software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt access to or use of the Sites by any person or entity or attempt to do any of the foregoing.
11. Directly or indirectly restrict or inhibit any other person from using or accessing any of Helmm’s Sites or attempt to do any of the foregoing.
14. Directly or indirectly engage in data extraction, data analysis, data management, predictive analytics, data dredging, data snooping, phishing, data modeling, data classification, data reproduction, behavioral analysis, data surveys and/or data mining or attempt to do any of the foregoing.
15. Directly or indirectly transfer, store or otherwise utilize or affect any Content and/or User Content residing or exchanged over any of Helmm’s Sites in any electronic network including without limitation a peer-to-peer network for use by more than one user or attempt to do any of the foregoing.
16. Directly or indirectly collect, use and/or store any information about other users of any of Helmm’s Sites, whether the information is personally identifiable, de-identified and/or aggregated with information concerning other people, including without limitation other users of the Sites or attempt to do any of the foregoing.
17. Use the Helmm domain name as a false or disguised return email address.
ANY DIRECT OR INDIRECT ATTEMPT BY ANY PERSON TO DAMAGE ANY OR ALL OF HELMM’S SITES MAY BE A VIOLATION OF APPLICABLE CRIMINAL AND/OR CIVIL LAWS. IF YOU MAKE ANY SUCH ATTEMPT, HELMM RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Copyrights, Trademarks and Copyright Agent
Helmm’s Sites and all Content and User Content contained on and/or submitted to Helmm’s Sites are protected by United States and international copyright and trademark laws and all other applicable law. All copyrights and trademarks which are not the property of Helmm that are used or referred to on Helmm’s Sites are the property of their respective owners. Nothing contained in Helmm’s Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of Helmm or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. The Content is proprietary and is the sole and exclusive property of Helmm or their respective owners. ANY UNAUTHORIZED USE OF CONTENT, USER CONTENT AND/OR OTHER MATERIALS ON HELMM’S SITES SHALL BE A VIOLATION OF THESE TERMS AND MAY VIOLATE APPLICABLE LAW AND/OR SOCIAL MEDIA PLATFORM RULES.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to Helmm’s designated agent. If you believe that your User Content or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to Helmm’s designated agent: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of the location on the Sites where the material that you claim is infringing is located; d. Your name, address, telephone number and email address; e. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and f. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Helmm’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:
Helmm Designated Agent
111 E 14th Street
New York, NY 10003
Disclaimer of Warranty; Limitation of Liability
The Sites and all Content and User Content posted on any of the Sites and/or delivered to you from, through, or via any of the Sites is provided to you “as is”, without any warranties of any kind, express or implied, including without limitation warranties of title, warranty against intellectual property infringement, or implied warranties of merchantability or fitness for a particular purpose by Helmm, any of its subsidiaries or affiliates, or their respective members, managers, officers, employees, agents, representatives, successors, predecessors and assigns. Helmm makes no representations or warranties whatsoever about the Content, User Content and/or any other information whatsoever contained on Helmm’s Sites, and Helmm shall not have any responsibility or liability to you and/or to any other person or entity for same. You agree and understand that you must evaluate and bear all risks associated with accessing and/or using any of Helmm’s Sites, including without limitation, those risks associated with reliance on the accuracy, thoroughness or utility of any Content, User Content and/or any other information whatsoever.
You agree that, except as otherwise expressly stated in these Terms, Helmm’s maximum liability arising from any use of any of Helmm’s Sites under any circumstances shall be limited to the aggregate sum of U.S. $100.00, to the greatest extent permitted by applicable law. (Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so this exclusion or limitation may not apply to you.)
IN NO EVENT WILL HELMM, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, PREDECESSORS AND ASSIGNS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER FOR LOST OR ANTICIPATED PROFITS, DELAY DAMAGES OR LOSS OF DATA RELATED TO ANY INFORMATION, CONTENT OR USER CONTENT LOCATED ON OR TRANSMITTED TO, THROUGH AND/OR FROM HELMM’S SITES INCLUDING WITHOUT LIMITATION THE ACCURACY THEREOF; OR FOR YOUR RELIANCE ON ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION WHATSOEVER THAT IS LOCATED OR TRANSMITTED TO, THROUGH AND/OR FROM HELMM’S SITES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION WHATSOEVER ACCESSIBLE FROM HELMM’S SITES, OR WHETHER OR NOT SUCH ALLEGED DAMAGES ARE ALLEGED TO HAVE BEEN CAUSED BY ERRORS, VIRUSES OR HARMFUL MATERIAL, OMISSIONS, NEGLIGENCE OR IN ANY OTHER MANNER WHATSOEVER IN CONNECTION WITH THE CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION CONTAINED ON ANY OF HELMM’S SITES, EVEN IF SUCH DAMAGES WERE FORESEEABLE.
By your acceptance of these Terms and your access and/or use of Helmm’s Sites and as a material condition of such access and/or use, you represent and warrant to Helmm that you are at least thirteen (13) years old. You also represent and warrant to Helmm that you have provided accurate and complete information in all of your communications with Helmm including without limitation your username and password, if any.
Helmm is not responsible for any errors or omissions in postings on or submissions to Helmm’s Sites or for any results obtained from the use of any Content, User Content and/or any other information whatsoever that is accessible on or from the Sites. Helmm strives to provide accurate information and Content. However, Helmm cannot and does not make any promises, representations, warranties or guarantees about the accuracy, completeness or adequacy of the Content, User Content or other information accessible on or from Helmm’s Sites. HELMM CANNOT AND DOES NOT PROMISE, WARRANT, REPRESENT OR GUARANTEE THAT ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION IS APPROPRIATE FOR YOU OR ANY OTHER USER, PERSON OR ENTITY.
In no event shall Helmm be liable for any damage whatsoever to your computer hardware, software applications, mobile devices, wearable devices, Internet of Things devices, networks and/or any other technology or property that may occur on account of your access to or use of Helmm’s Sites or your downloading of Content, User Content or any other information or materials from or through Helmm’s Sites, whether caused by a Virus or any other reason or cause. Content, User Content and other information contained on Helmm’s Sites may contain technical inaccuracies and/or typographical or other errors, for which Helmm expressly disclaims any and all liability and responsibility. The Content, User Content and any and all other information contained on Helmm’s Sites may be changed at any time without any prior notification. Helmm does not routinely monitor Helmm’s Sites, User Content or other information that is posted by any person or entity (other than Helmm) to any and all sections of the Sites. However, Helmm reserves the absolute and unconditional right to monitor Helmm’s Sites and User Content and to edit, modify, remove, redact, consolidate and/or clarify any User Content and/or other information that Helmm in its sole and absolute discretion considers to be inappropriate, unlawful and/or for any other reason whatsoever. Helmm’s exercise of such reserved rights shall not create any obligation whatsoever for Helmm to continue any such monitoring, editing, modifying, removing, redacting, consolidating or clarifying.
Third Party Content
Helmm’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web pages, websites, links, social media sites and platforms, applications and other resources that are available on the Internet (collectively, "Third Party Content"). Helmm has no control over any Third Party Content that you access or use via such hyperlinks or otherwise. Helmm expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content. Helmm makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided to users on an “as is, where is” basis, solely as a convenience to our users. You acknowledge and agree that Helmm shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content.
It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and use is safe, appropriate for you and/or any other person (including children) viewing such Third Party Content who is accompanying you and/or does not contain any inaccuracies, omissions, Viruses and/or other items of a destructive nature. Helmm shall have no liability whatsoever for any of the foregoing matters.
Use of Helmm’s Social Media Sites
Helmm User Accounts
Certain areas of the Website are accessible only to users who create a user account and provide information requested by Helmm for such user account (the "Helmm Users"). Among other things, Helmm Users may purchase products from Helm and set a recurring subscription service for the purchase of products. Each Helmm User will have a unique username and password in order to access certain areas of the Website accessible only to Helmm Users. You shall not distribute to or share your username or password with any other person or take any other action which may compromise your user account. You are solely responsible for maintaining the confidentiality of your username and password and Helmm expressly disclaims any and all responsibility for any disclosure or breach of confidentiality of same. You shall be responsible for all consequences and damages arising from all uses of your username and password, whether or not authorized by you, and Helmm expressly disclaims any and all responsibility for same.
You acknowledge that a large volume of information is available on Helmm’s Sites, including without limitation on the Website, and that users participating on the Sites may intentionally or unintentionally post User Content, messages or make statements that are inaccurate, misleading, incomplete or deceptive. Helmm neither endorses nor is responsible for any User Content, messages or statements or for any opinion, advice, information, or other statement uploaded to and/or accessible on the Sites. Opinions, comments and other statements expressed by users of the Sites, including on the Social Media Sites, are theirs alone and are not opinions or the responsibility of Helmm. User Content is the sole responsibility of the users who post or upload such User Content and their accuracy and completeness are not endorsed or guaranteed by Helmm. Helmm is not responsible for any errors or omissions in postings on the Sites including on the Website, for hyperlinks embedded in posts, messages or other User Content, or for any results obtained from the use of such information. Helmm is further not responsible for any dispute that arises among users, including without limitation in connection with the Social Media Sites.
You acknowledge that due to the immediate nature of the Internet, Helmm may not censor, approve, edit or endorse information uploaded, linked or made accessible on the Sites by users, including on the Social Media Sites. Helmm cannot and does not guarantee or warrant that inappropriate or illegal material shall not be posted on the Sites, including on the Social Media Sites.
You understand that by accessing and using the Sites, including the Social Media Sites, you may be exposed to Content or User Content that may offend you. In such event, your sole and exclusive remedy and recourse is to avoid such Content or User Content by discontinuing your access to and use of the Sites.
Helmm Terms of Sale
By placing an order for any product(s) through the Website, you represent that you are at least eighteen (18) years of age or otherwise of legal age to enter into these Terms, including these Terms of Sale, and that you are forming a binding agreement with Helmm. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States of America.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. Helmm does not and cannot guarantee or represent the availability of any of the products listed on the Website. All orders must be accepted by Helmm or Helmm will not be obligated to sell the products to you. Helmm may choose not to accept any order or may cancel any order at its sole discretion, even after you are sent a confirmation email with your order number and details of the items you have ordered. Helmm reserves the right, at its sole discretion, to offer exchanges, replacements or refunds on any products purchased through the Website or to cancel any subscriptions. In order for Helmm to consider exchanges or replacements of any product offered through the Website, you must notify Helmm within ten (10) days of initially receiving such product shipment by emailing email@example.com. Under no circumstances will Helmm accept any returns on any products. Any and all Helmm orders that were purchased or ordered for less than the full listed sale price are final sale items and cannot be returned, exchanged or refunded.
All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your product(s) total, and will be itemized in your shopping cart and in your order confirmation email. Helmm strives to display accurate price information, however Helmm may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Helmm reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Helmm shall not be responsible for any inaccurate, wrong or mistaken information in connection with any products offered on the Sites or for any errors or omissions in posts on the Sites, including without limitation for any products.
Terms of payment are within Helmm’s sole discretion and, unless otherwise agreed by Helmm in writing, payment must be received by Helmm before our acceptance of any order. Helmm utilizes a Stripe payment method in connection with the Website and shall not be responsible for the processing of or delay in making any payments in connection with same. You agree that Helmm may charge a separate service fee in connection with any Products sold on its Website to Helmm Users. If a Helmm User purchases any goods from the Website, the funds charged in connection with any such transaction will be released from the Helmm User’s Stripe account minus any service fee charged by Helmm and any fees, charges and/or costs associated with use of Stripe, once the Helmm User checks out in accordance with Stripe’s terms, which may be found at https://www.stripe.com. You agree to be bound by the terms, conditions and policies of Stripe.
Helmm will arrange for shipment of any products to you. Please check the specific product webpage on the Website for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs Helmm incurs in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon Helmm’s transfer of the products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. Helmm is not liable for any delays in shipments of any product(s). Helmm User shall be solely responsible for examining and inspecting the condition and quality of the products purchased through the Website.
Helmm Users have the option to purchase a Starter Kit Gift for other individuals via the Website, including by providing the name and email address of the prospective gift recipient. The prospective gift recipient shall then be emailed by Helmm about the gift and required to provide certain information, including an address and financial information, in order to receive the gift. By purchasing any such gift from Helmm, you acknowledge that a prospective gift recipient may choose not to receive a gift and/or may fail to provide information requested by Helmm, and that in such a case the gift will not be delivered to the prospective gift recipient. You agree that Helmm has no further obligation with respect to a gift, including additional attempts to contact the prospective gift recipient, after first attempting to contact the prospective gift recipient.
IN NO EVENT WILL HELMM, ITS SUBSIDIAIRES AND AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, PREDECESSORS AND ASSIGNS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER FOR LOST OR ANTICIPATED PROFITS, DELAY DAMAGES OR LOSS OF DATA RELATED TO ANY BREACH OF THESE TERMS OF SALE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS OF SALE, INCLUDING WITHOUT LIMITATION ANY UNDELIVERED OR LOST PRODUCTS OR INJURIES AND/OR DAMAGES CAUSED BY ANY PRODUCTS PURCHASED FROM THE WEBSITE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR SUCH PRODUCTS.
Helmm has a blog (the "Blog") available at the Blog Website. Information on or available through the Blog is provided by Helmm’s staff and other contributors, who may be people who not otherwise connected with Helmm. You acknowledge that a large volume of information is available on or through the Blog Website, including on the Blog, and that people participating on the Blog Website, including on the Blog, may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Helmm neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Blog Website, including on the Blog, by third parties. The opinions expressed on the Blog Website, including on the Blog, reflect solely the opinions of the users of the Blog and may not reflect the opinions of Helmm. Helmm is not responsible for any errors or omissions in postings on the Blog Website, including on the Blog, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will Helmm be liable for any loss or damage caused by your reliance on information obtained through the Blog Website, including on the Blog.
You understand that by accessing and using the Blog Website, including the Blog, you may be exposed to Content that may offend you. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Helmm reserves the right to monitor the Blog Website, including the Blog and to remove any information that Helmm (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Helmm to monitor, screen, or edit Content on the Blog Website, including on the Blog, in any way.
Helm Mobile Messaging Program
Helmm is offering a mobile messaging program (the Program), which you agree to
By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions.
This agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and Helmm in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Helmm. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to these Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Helmm in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Helmm of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Helmm, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD HELMM HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY HELMM OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM HELMM ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of Helmm’s personal care products.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Helmm.
Support Instructions: For support regarding the Program, text "HELP" to the number you received messages from or email Helmm at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Helmm will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
You and Helmm have agreed to these Terms within the State of New York for all purposes. Any and all claims, disputes or legal proceedings arising out of or in connection with these Terms including, without limitation, their validity, interpretation, performance or breach, shall be adjudicated exclusively in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Helmm for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. These Terms and their validity and effect shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws or statutes.
YOU AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. IN ANY CLAIM, DISPUTE OR LEGAL PROCEEDING, YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS, DISPUTES OR LEGAL PROCEEDINGS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
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