Terms Of Use

Please read these Terms of Use carefully. The address "http://www.helmetheadcycle.com/" and all other Internet Domains owned by the HelmetHead Cycle™ Company and its subsidiaries (referred herein as "HelmetHead Cycle™"), the media and information provided herein are referenced throughout this document as the "Site". These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. Most implied additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Non-posted guidelines include that which would deter from normal operation of this Site and the improper usage thereof, including, but not limited to, the attempt to defame any entity, whether individual, group or organization, attempted defacilitation of the Site by means such as hacking or any other activity which deters from normal usage of the Site.

HelmetHead Cycle™ reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on this Site or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at this Site. You may withdraw your consent to receive communications from us electronically by contacting the Administration of This Site. If you choose to entirely withdraw communications from this site, you must discontinue your use of your account at this Site, although opting out of marketing mailings is permissible for sustained account access.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as "Content"). This Site and most Content are the copyrighted property of HelmetHead Cycle™, and /or its subsidiaries or the copyrighted property of parties from whom HelmetHead Cycle™ has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. HelmetHead Cycle™ reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Certain tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. HelmetHead Cycle™ reserves the right to use all such elements and to make all such elements available for use by other parties in the future. HelmetHead Cycle™ provides no warranty of any kind that user submitted content using the provided tools will not infringe, or be subject to a claim on infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether content you submit is legally available for your use and does not infringe the rights of another party.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through HelmetHead Cycle™ (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from HelmetHead Cycle™ does not entitle you to use any portion of Content apart from the finished Products as they are supplied by HelmetHead Cycle™.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with you local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. HelmetHead Cycle™ may terminate its service to parties found to be using HelmetHead Cycle™ to engage in undesirable activities.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your submissions. You agree that you will not include any text, image, design, trademark, service mark, or copyrighted work of any third party in your submitted Content unless you have obtained the appropriate authorizations from the owners. You warrant that your Content does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your submitted Content. By submitting Content to this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize HelmetHead Cycle™ to publish the Content on your behalf.

You may not use this Site to send electronic transmissions in any manner that would constitute the transmission of Spam, unsolicited e-mails, or other undesirable forms. You may not use scripting or other programs to automate the creation and/or transmission of Content. HelmetHead Cycle™ reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an electronic transmission and/or limit the number of transmissions you may send.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title

This section applies to paid electronic downloaded Content from this Site. The customer agrees that the shipping terms for all downloaded Products are FOB shipping point and ownership transfers to the customer upon shipment, unless otherwise noted. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify and defend HelmetHead Cycle™ and all parties from whom HelmetHead Cycle™ has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into your submitted Content that was not part of the standard Site Content.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL HELMETHEAD CYCLE™ OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMANGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATE, OR PROFITS, WHETHER OR NOT HELMETHEAD CYCLE™ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM HELMETHEAD CYCLE™ OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL HELMETHEAD CYCLE™ BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to HelmetHead Cycle™ in connection with the operation or content of this Site shall be provided by the submitted and received by HelmetHead Cycle™ on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of HelmetHead Cycle™, unless deemed otherwise by governing law in the United States of America. By submitting any such information to HelmetHead Cycle™, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that HelmetHead Cycle™ shall be free to use such information on an unrestricted basis.

Feedback can be sent to the Administrators of this Site at: https://www.helmetheadcycle.com/contact.html.

Governing Law

HelmetHead Cycle™ is based in Sautee, Georgia (United States of America) and all transactions take place on HelmetHead Cycle™'s servers (hereby referred to as "Server"), whether owned, leased or rented. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Georgia and the States or Counties in which any Server or transmission way point resides. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in the United States of America. You agree to submit to the jurisdiction of United States of America courts and agree that venue in these courts is proper in any such legal action or proceeding.