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Welcome to Helmetguiatrs.com. Neo Products Inc. and its affiliates
("Helmet Guitar") provide their services to you subject to the following
conditions. If you visit or shop at helmetguitars.com, you accept these conditions.
Please read them carefully. In addition, when you use any current or
future Helmet Guitar service or business (e.g., Your Profile, Gift
Certificates, Unbox, or Your
Media Library) you also will be subject to the guidelines, terms
and agreements ("Terms") applicable to
such service or business. If these conditions are inconsistent with
such Terms,
the Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to helmetguitars.com, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit helmetguitars.com or send e-mails 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 this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of Helmet Guitar or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site
is the exclusive property of Helmet Guitar and protected by U.S. and international copyright
laws. All software used on this site is the property of Helmet Guitar or its software
suppliers and protected by United
States and international copyright laws.
TRADEMARKS
Helmet Guitar, and
other helmetguitars.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress
of Helmet Guitar in the U.S. and/or other countries. Helmet Guitar's trademarks and
trade dress may not be used in connection with any product or service
that is not Helmet Guitar's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Helmet Guitar.
All other trademarks not owned by Helmet Guitar that appear on this site are
the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Helmet Guitar.
LICENSE AND SITE ACCESS
Helmet Guitar grants you a limited license to access
and make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of Helmet Guitar. This license does not include any resale or commercial use
of this site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Helmet Guitar. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Helmet Guitar without express written consent. You may not use any meta tags or any
other "hidden text" utilizing A Helmet Guitar's name or trademarks without the
express written consent of Helmet Guitar. Any unauthorized use terminates the
permission or license granted by Helmet Guitar. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Helmetguitars.com so
long as the link does not portray Helmet Guitar, or its products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use any Helmet Guitar logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. Helmet Guitar does sell products for children, but it
sells them to adults, who can purchase with a credit card or other permitted
payment method. If you are under 18, you may use Helmetguitars.com only with
involvement of a parent or guardian. Helmet Guitar reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send
e-cards and other communications; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Helmet Guitar reserves the right
(but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant Helmet Guitar a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Helmet Guitar and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Helmet Guitar for all claims
resulting from content you supply. Helmet Guitar has the right but not the obligation
to monitor and edit or remove any activity or content. Helmet Guitar takes no
responsibility and assumes no liability for any content posted by you or any
third party.
COPYRIGHT COMPLAINTS
Helmet Guitar respects the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement .
RISK OF LOSS
All items purchased from Helmet Guitar are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Helmet Guitar attempts to be as accurate as possible. However, Helmet Guitar does not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Helmet Guitar
itself is not as described, your sole remedy is to return it in unused
condition.
PRICING
Except where noted otherwise, the List Price displayed for products
on our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in
accordance with standard industry practice; or the estimated retail
value for a comparably featured item offered elsewhere. The List Price
is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. For certain items
that are offered as a set, the List Price may represent "open-stock"
prices, which means the aggregate of the manufacturer's estimated or
suggested retail price for each of the items included in the set. Where
an item is offered for sale by one of our merchants, the List Price may
be provided by the merchant.
With respect to items sold by Helmet Guitar, we cannot confirm the price of
an item until you order; however, we do NOT charge your credit card
until after your order has entered the shipping process. Despite our
best efforts, a small number of the items in our catalog may be
mispriced. If an item's correct price is higher than our stated price,
we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and
shipped by Helmet Guitar. Your purchases from third-party sellers using Helmet Guitar
Payments are charged at the time you place your order, and third-party
sellers may follow different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than Helmet Guitar operate stores, provide services, or sell
product lines on this site. For example, Shutterfly offers Photo
Services in our Camera and Photo store, and other businesses and
individuals offer products in Auctions. In addition, we provide links
to the sites of affiliated companies and certain other businesses. We
are not responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the content
of their Web sites. Helmet Guitar does not assume any responsibility or
liability for the actions, product, and content of all these and any
other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE ARE PROVIDED BY HELMET GUITAR ON AN "AS IS" AND "AS
AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HELMET GUITAR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HELMET GUITAR DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. HELMET GUITAR DOES NOT WARRANT THAT THIS SITE;
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR
SERVERS; OR E-MAIL SENT FROM HELMET GUITAR ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. HELMET GUITAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visitinghelmetguitars.com, you agree that the laws of the state of
Washington, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might
arise between you and Helmet Guitar.
DISPUTES
Any
dispute relating in any way to your visit to helmetguitars.com or to products or services sold or distributed by Helmet Guitar or through helmetguitars.com in which the aggregate total claim for relief sought on behalf of
one or more parties exceeds $7,500 shall be adjudicated in any state or federal
court in Wildwood County, New Jersey, and you consent to exclusive jurisdiction and
venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
These policies also govern your visit to helmetguitars.com. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
OUR ADDRESS
- Neo Products Inc.
- 3209 Park Boulevard,
Wildwood, NJ 08260, USA
- http://www.helmetguitars.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide helmetguitars.com's
copyright agent the written information specified below. Please note
that this procedure is exclusively for notifying Helmet Guitar that your
copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is
infringing is located on the site.
- Your address, telephone number, and e-mail address;
- A 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;
- A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Helemetguitars.com Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
- Copyright Agent
- Helmet Guitar Legal Department
- Neo Products Inc.
- 3209 Park Boulevard,
Wildwood, NJ 08260, USA - e-mail:
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