TERMS AND CONDITIONS

PRO HELICAL, LLC

ACCEPTANCE OF TERMS

These Website Terms and Conditions of Use, collectively with any other documents referenced herein (collectively, the “Terms”) govern your access and use of the website(s) operated by Pro Helical, LLC, and all of its affiliates and subsidiaries (collectively, “Pro Helical”, the “Company”, “we”, “us”, or “our”), including the website located at www.Pro Helical.com and any website or social media page operated by the Company that links to these Terms (collectively, the “Sites”). These Terms set forth the terms and conditions under which you may access and use the Sites and any services provided by the Company that are made available on the Sites (the “Services”).

Please read these Terms carefully before you start to access the Sites or use any Service. By using any Site or Service, you accept and agree to be bound and abide by these Terms and our privacy policy, found at www.ProHelical.com/privacy-policy/ (the “Privacy Policy”). If you do not accept and agree to these Terms or our Privacy Policy, you must not access or use the Sites or any of our Services. These Terms may change from time to time without advanced notice, as outlined below in the ‘Changes to These Terms’ section. You should print and retain a copy of these Terms for your records.

Changes to These Terms

We reserve the right to amend these Terms from time to time without notice. Your continued use of the Sites or Services constitutes acceptance of any amendments, additions, or modifications to these Terms. Therefore, please review these Terms each time you access or use the Sites or the Services. Any changes to the dispute resolution provisions set forth below in the “Governing Law” section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted.

Accessing the Sites

We reserve the right to withdraw or amend any Site, and any Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of any Site or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or Services, or all of the Sites or Services, to users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Sites or Services.
• Ensuring that all persons who access the Sites or Services through your internet connection are aware of these Terms and comply with them.

Intellectual Property Rights

The Sites, Services and all of our content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and any material we post on the Social Media Pages, are owned by the Company, 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.

These Terms permit you to use the Sites and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites or Services.

In addition, you shall not modify copies of any materials from the Sites or Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites or Services in breach of these Terms, your right to use the Sites and Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or Services, or any content on the Sites or Services, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Service Marks

The Pro Helical name, the names of its affiliates, subsidiaries, and their respective logos, product and service names, designs and slogans are trademarks and/or service marks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Sites or Services are trademarks and/or service marks of the Company or their respective owners. Nothing on the Sites or Services shall be deemed to confer on any person any license or right on the part of the Company or any third party with respect to any such trademarks or service marks.

Prohibited Uses

You may use the Sites and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Sites or Services:

• in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” section set forth below in these Terms.
• to transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• to impersonate or attempt to impersonate the Company, a Company employee, another user of the Sites or Services, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• attempt to gain an unauthorized access to any portion of the Site or Services.
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites or Services, or which, as determined by us, may harm the Company or users of the Sites or Services, or expose them to liability.
• to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content, or features that enforce limitations on the use of the Sites or Services.
• otherwise attempt to interfere with the proper working of the Sites or Services.
• use the Sites or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites or Services, including their ability to engage in real time activities through the Sites.
• use any robot, spider, or other automatic device, process or means to access the Sites or Services for any purpose, including monitoring, screen-scraping, or copying any of our material on the Sites or Services.
• use any manual process to monitor or copy any of our material on the Sites or Services or for any other unauthorized purpose without our prior written consent.
• use any device, software, or routine that interferes with the proper working of the Sites or Services.
• introduce any viruses, Trojan horses, worms, logic bombs, or any other material that is malicious or technologically harmful to the Sites or Services.
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Services, the server on which the Sites or Services are stored, or any server, computer, or database connected to the Sites or Services.
• attack the Sites or Services via a denial-of-service attack or a distributed denial-of-service attack or other similar mechanism.
• use the Sites or Services in any way that could interfere with the rights of the Company or the rights of other users of the Sites or Services.

Children Under the Age of Eighteen (18)

Certain portions of the Sites may contain the ability to leave feedback, requests for information, or other interactive features (collectively, “Interactive Services”) that allow you and other users to publish or display comments, content or materials on public areas (hereinafter, “Post”) of the Sites or to transmit comments, content or material to other users of the Sites and/or you may provide comments, content or materials to us or our affiliates through other means, such as electronic communications. All comments, content, and materials you Post or transmit on or through the Sites and/or that you provide to us or our affiliates through other means, such as electronic communications, are collectively referred to herein as “User Contributions”.

All User Contributions must comply with the “Content Standards” section set forth below in these Terms.

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns, the right throughout the universe to use, reproduce, modify, perform, prepare derivative works based upon, display, distribute, publish, and otherwise disclose to third parties any such material, in whole or in part, for any purpose in any medium, known, or unknown, without consent or attribution.

You represent and warrant that:

• You have all necessary rights and authority to provide the User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns.
• The User Contributions will not infringe, violate, or misappropriate the intellectual property or proprietary rights of any third party.
• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have sole and full responsibility for such User Contributions, including the legality, reliability, accuracy, and appropriateness thereof.

We are not responsible, or liable to you or any third party, for any User Contributions or the content or the accuracy thereof.

Posts to Third-Party Sites

From time to time, we may post, publish, or include on the Sites certain information or content related to the Services that you post, upload, or otherwise provide to websites operated by third parties, including reviews, opinions, ratings, and quotations. You acknowledge and agree that all such information and content shall be deemed “User Contributions”, and that Pro Helical shall have the right to use all such information and content in accordance with the preceding section.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards section below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites or Services.
• Terminate or suspend your access to all or any part of any of the Sites or Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Contributions. YOU WAIVE ALL LIABILITY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review User Contributions before it is Posted and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Reliance on Information Posted

THE INFORMATION PRESENTED ON OR THROUGH THE SITES AND SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITES OR SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

THE SITES MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

Changes to the Sites

We may update the content on the Sites or Services from time to time, but the content is not necessarily complete or up to date. Any of the material on the Sites or Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Sites and Services

All information we collect from your use of the Sites or Services is subject to our Privacy Policy. By using the Sites and Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Online Purchases and Other Terms and Conditions

Additional terms and conditions may apply to specific portions, services, or features of the Sites or Services; to purchases made through the Websites or Services; or to other transactions made for the sale of goods or services as a result of visits made to the Sites or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources or the contents provided by the website operators of the Social Media Pages, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access the Social Media Pages or any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Company is based and operates in the United States. Except as otherwise set forth herein, we provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties and other Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES O