Terms of Service
Effective Date: October 26, 2023
Welcome to helixsonic.com. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Helix Sonic ("Helix Sonic," "we," "us," or "our"), governing your access to and use of the helixsonic.com website (the "Website").
1.0 Agreement to Terms
1.1 Acceptance of Agreement. By accessing, browsing, or utilizing the Website, you hereby acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must immediately cease all use of the Website.
1.2 Scope of Agreement. These Terms apply to all visitors, users, and others who access or use the Website.
1.3 Amendments. Helix Sonic reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will indicate the "Effective Date" at the top of these Terms. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
2.0 Use of the Website
2.1 Eligibility. By using the Website, you represent and warrant that you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher, and are otherwise capable of forming a binding contract with Helix Sonic.
2.2 Prohibited Activities. You agree not to engage in any of the following prohibited activities: a. Violating any applicable national, state, local, or international law or regulation. b. Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Helix Sonic or users of the Website, or expose them to liability. c. Impersonating or attempting to impersonate Helix Sonic, a Helix Sonic employee, another user, or any other person or entity. d. Using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website. e. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. f. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. g. Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3.0 Intellectual Property Rights
3.1 Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Helix Sonic, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms for your personal, non-commercial use only. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Helix Sonic.
3.3 Trademarks. The Helix Sonic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Helix Sonic or its affiliates or licensors. You must not use such marks without the prior written permission of Helix Sonic.
4.0 Disclaimers
4.1 General Disclaimer. Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis.
4.2 No Warranties. Helix Sonic expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Helix Sonic makes no warranty that (a) the Website will meet your requirements; (b) the Website will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
5.0 Limitation of Liability
5.1 Exclusion of Damages. To the fullest extent permitted by applicable law, in no event shall Helix Sonic, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
5.2 Maximum Liability. In no event shall the aggregate liability of Helix Sonic, its affiliates, officers, employees, agents, suppliers, or licensors to you for all claims related to the Website exceed the greater of one hundred U.S. Dollars ($100.00) or the amount you paid to Helix Sonic, if any, in the last six (6) months for the services giving rise to the claim.
6.0 Indemnification
You agree to defend, indemnify, and hold harmless Helix Sonic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.
7.0 Term and Termination
7.1 Effectiveness. These Terms shall remain in full force and effect while you use the Website.
7.2 Grounds for Termination. We may terminate or suspend your access to all or part of the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
7.3 Effect of Termination. Upon termination, your right to use the Website will immediately cease. Sections 3.0 (Intellectual Property Rights), 4.0 (Disclaimers), 5.0 (Limitation of Liability), 6.0 (Indemnification), 8.0 (Governing Law), and 9.0 (Miscellaneous) shall survive any termination or expiration of these Terms.
8.0 Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by the courts located in the State of Delaware.
9.0 Miscellaneous
9.1 Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and Helix Sonic regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
9.2 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
9.3 Waiver. No waiver by Helix Sonic of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Helix Sonic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
9.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any party at any time without notice to you.
10.0 Contact Information
To ask questions or comment about these Terms, you may contact us at:
Email: [email protected]