1. Use of Site
4. Downloading Files
6. Disclaimer of Warranties; Liability
8. Access and Use of Information
9. Suspension of Service
10. General Provisions
11. Site Access
13. Information We Collect
2. Copyright: The copyright of this Site and its Materials are protected by copyright laws and belong to Helium. You are hereby authorized to use the Materials of this Site consistent with its intended purpose and your use does not convey any title or ownership rights in the Site. Note that any product, process, or technology described in the Materials may be the subject of other intellectual property rights reserved by Helium or its affiliates which are not licensed hereunder. Any copy of any Materials of this Site or portion thereof must include the copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Materials contained on this Site. This Site is proprietary to Helium and title to the Site, including without limitation, all applicable rights to patents, copyrights, trademarks, trade secrets and other intellectual property rights shall remain solely in Helium.
3. Trademarks: The term “Helium” is a registered trademark. All related product and service names, designs and slogans are the trademarks or service marks of Helium or of other wholly-owned subsidiaries of Helium. All other product and service marks on this site are the trademarks of their respective owners.
4. Downloading Files: Helium cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
5. Software: Any software available for download via the Site is the copyrighted work of Helium and/or its licensors. Use of such software is governed by the terms of the end user license agreement that is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
6. Disclaimer of Warranties; Liability: ALL MATERIALS AND THIRD PARTY CONTENT POSTED ON THIS SITE ARE “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. HELIUM DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HELIUM DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HELIUM DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS OR ANY CONTENT SUBMITTED ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AGREE THAT HELIUM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE (INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS MATERIALS INCLUDING BUT NOT LIMITED TO DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SITE EVEN IF HELIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT HELIUM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM A CAUSE OVER WHICH HELIUM OR ITS AFFILIATES DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. IF YOU ARE UNABLE TO ACCESS THE HELIUM SITE THROUGH YOUR ON-LINE SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, FLOODS AND STRIKES OR OTHER LABOR PROBLEMS.
Helium shall not be responsible for loss or destruction of any of your data, content, or information (“content”) on the Site and Helium’s liability shall be limited to restoring the lost, destroyed, or damaged content at no additional cost to you provided such restoration can be performed by Helium and you provide Helium with all source data in readable form for such restoration, it being presumed conclusively that any information delivered to Helium has been backed up by duplicate content retained by you. Helium makes no representations regarding the amount of time that any Materials or your content will be preserved or accessible. Although Helium will endeavor to keep you informed about changes, you understand that Helium may modify or replace this Site or information on it at any time. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. You shall promptly advise Helium of any error, malfunction, or defect in the operation of the Site, and Helium shall use commercially reasonable efforts to correct any such problems in a timely manner. In the event of any interruption or delay in the use of the Site, Helium shall use reasonable efforts to resume operation of the Site as promptly as reasonably practical. Helium does not represent or warrant to you that any such problems will be corrected.
8. Access and Use of Information: Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by Helium at this Site. Any access or attempt to access other areas of the Helium computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with the Services provided by Helium. You agree that you are solely responsible for the nature and content of all materials, works, data, statements, and other visual, graphical, video, written or audible communications of any nature submitted by you or otherwise used through your account. You agree not to use or permit the use of this Site: (a) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (b) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (c) in any manner that is likely to damage, disable, overburden, or impair the Site or interfere in any way with the use or enjoyment of the Site by others; (d) to introduce any malware or other malicious activity in your use of the Site; (e) in violation of any U.S. denied party-list, embargoed country restriction, export law or regulation; or (f) in any way that constitutes or encourages conduct that could constitute a criminal offense. Any intentional damage or intentional interruption of Helium’s computer system as well as computer resources and/or system service, carrying on of personal business or illegal activities will be cause for termination of this Agreement. You agree to defend, indemnify and hold Helium harmless for damages and losses incurred as a result of misuse of this Site by you. You agree not to use the Site to “stalk” or otherwise harass any person, and not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
9. Suspension of Service: Helium may at any time suspend your use of the Site and/or remove or disable any Materials as to which Helium reasonably and in good faith believes is in violation of this Agreement. Helium agrees to provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Site or any third party, in which case Helium will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
10. General Provisions:
b. Updates, Correction of Errors, and Inaccuracies: The Site or Materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. Helium therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Site or Materials at any time without prior notice. Helium does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
c. Modifications: The Site is continually evolving. Accordingly, Helium reserves the right, at any time, to make alterations, enhancements, additions, deletions, substitutions and modifications to the Site or any components thereof. Helium shall endeavor to provide notification prior to making material additions, deletions, substitutions, or modifications to the Site. Helium shall endeavor to perform scheduled system maintenance on the weekends or evenings, but reserves the right to perform required maintenance at any time.
11. Site Access:
b. Restrictions: You shall use the Site solely for your internal business purposes and not for or on behalf of any third party nor shall you provide access to any third party without written permission from Helium. You shall not reproduce, translate, reverse compile or assemble, copy, modify, merge, display, transmit, distribute, sublicense, transfer, sell, or otherwise use the Site, in whole or in part, except as may expressly be provided herein. You shall not disclose, disseminate or post on public Internet sites any the Site training materials, screen prints, user guides, or other documentation pertaining to the Site.
c. Access Codes: From time to time, Helium may issue access codes, user identification numbers, passwords and other security items to you to permit you to access the Site (“Access Codes”). You are solely responsible for the use and proper protection of the Access Codes. You shall take all reasonable precautions to protect the security and integrity of the Access Codes, and to prevent their unauthorized use. You shall restrict access to the Access Codes to those of your employees or agents who have a need to know the Access Codes. You hereby agree to be fully responsible for all actions taken using your Access Codes, unless such actions are taken by Helium, or any of your contractors and agents, without the your approval. If you become aware that any person has access to any Access Codes without the need to know such Access Codes, you will immediately notify Helium so that Helium can cancel such Access Codes and, if appropriate, assign new Access Codes.
d. Results: You shall be solely responsible for the accuracy and correctness of, and assume sole responsibility for, your use of the Site, and Helium shall not have any responsibility or liability with respect thereto. You shall employ all control procedures of which you are advised, shall verify all output received, and shall promptly advise Helium of any errors or mistakes in information generated by the Site.
e. Electronic Communications: If you use the Site to communicate electronically with third parties, you represent and warrant (a) you are authorized to communicate with such persons, (b) no information included in the header or contents of any such message will be materially false or misleading, (c) each message shall include a valid physical postal address of you and a functioning return e-mail address or other Internet-based mechanism, clearly and conspicuously displayed, that allows recipients to opt out of future communications and, (d) you shall promptly inform Helium of recipients who have opted out of future electronic communications.
12. Equipment: You are responsible, at your own cost and expense, to provide all necessary equipment, hardware, communication lines and hook-ups to use and access the Site, and you are solely responsible for all use, maintenance and damage thereto. In no event shall Helium be responsible or liable for any equipment, hardware or software not provided by it, or any other item used by you in connection with the Site.
13. Information We Collect: Helium will collect transactional information. Helium may also retain the content of the communications sent to Helium customer service representatives.