|
1. Helix Wind Provides Our Site For Your Convenience Only Our Helix Wind site is provided to you without charge as a convenience and for your information only. By merely providing access to our Helix Wind site content, Helix Wind does not warrant or represent that: • the content is accurate or complete; • the content is up-to-date or current; • Helix Wind has a duty to update any content; • the content is free from technical inaccuracies or typographical errors; • the content is free from changes caused by third party; and • your access to our Helix Wind site will be free from interruptions, errors, computer viruses or other harmful components. Helix Wind does not assume any liability for these matters. In other words, you use our Helix Wind site at your own risk. Under no circumstances, including, but not limited to, negligence, shall Helix Wind be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Helix Wind site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. 2. Helix Wind Provides our Site "As Is" and Disclaim All Warranties Our Helix Wind site content is provided "as is" and without warranties of any kind, either express or implied. Helix Wind disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose. 3. Helix Wind Does Not Have Responsibility for Links to Third Party Content Helix Wind may provide hyper links or pointers to other Helix Wind sites maintained by third parties or may provide third party content on our Helix Wind site by framing or other methods. The links to third party Helix Wind sites are provided for your convenience and information only. The content in any linked site is not under our control so Helix Wind is not responsible for the content, including any further links in a third party sites. If you decide to access any of the third party sites linked to our Helix Wind site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
4. If Helix Wind Provides a Link, Helix Wind Do es Not Necessarily Endorse A Third Party Helix Wind reserves the right to terminate a link to a third party Helix Wind site at any time. The fact that Helix Wind provides a link to a third party site does not mean that Helix Wind endorse, authorize or sponsor that Helix Wind site. It also does not mean that Helix Wind is affiliated with the third party site's owners or sponsors. 5. If a Third Party Links to Our Helix Wind Site, It is Not An Endorsement If a third party links to our Helix Wind site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, Helix Wind is not aware that a third party has linked to our Helix Wind site. A site that links to our Helix Wind site: • May link to, but not replicate, our content; • Should not create a browser, border environment or frame our content; • Should not imply that Helix Wind is endorsing it or its products; • Should not misrepresent its relationship with us; • Should not present false information about our products or services; and • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups. 6. Your Use of Our Helix Wind Site is Restricted Our Helix Wind site and its content are owned and operated by Helix Wind, Inc. Our Helix Wind site's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Helix Wind site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No content from any other Helix Wind site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Helix Wind site on any other server. The sole exceptions to these restrictions are: • you obtain written permission from us to waive these restrictions; or • you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media. Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If Helix Wind grants you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials. The following is a non-exclusive list of trademarks and service marks of Helix Wind, Inc. in the United States and other countries or jurisdictions:
Helix Wind®
Helix Wind S322®
Helix Wind S594®
e² energy (r)evolution®
To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that Helix Wind, Inc. has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved. All other trademarks used herein are the registered marks of their respective owners. 7. By Providing Content, Helix Wind Does Not Allow You to Use Our Trademarks The trademarks, service marks and logos of Helix Wind, Inc. used and displayed on our Helix Wind site are our registered and unregistered trademarks. Nothing on this Helix Wind site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Helix Wind site should be directed to such other companies. Helix Wind aggressively enforce our intellectual property rights. The name Helix Wind, Inc. or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Helix Wind site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Helix Wind site unless you obtain our written permission in advance. 8. You Agree to Indemnify Us for Using Our Helix Wind Site You agree to indemnify, defend and hold harmless Helix Wind, Inc., its officers, directors, employees, agents, licensor's, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. 9. Third Parties May Have Rights Under This Agreement Some of the provisions of this Agreement are for the benefit of Helix Wind, Inc. and its officers, directors, employees, agents, licensor's, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 10. How This Agreement May Be Terminated This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Helix Wind site after you have terminated this Agreement. 11. Miscellaneous Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct Helix Wind the parties nor trade practice shall act to modify any provision of this Agreement. Helix Wind may assign our rights and duties under this Agreement to any party at any time without notice to you.
|