Disclaimer and Terms of Use

Disclaimer

All information on this website is intended solely for reference only and is not intended as investment advice or solicitation for investment in any way. HELM China Co., Ltd (“HELM” or “We”) does not warrant that the information provided on the site or any of the content, service, or functions are complete, accurate and uninterrupted; or that any defects will be corrected, or that your use of the site will produce specific results. This site and its contents are delivered on an “as-is” and “as-available” basis. All information on the site is subject to change without notice. Helm cannot ensure that any files or other data you download from the site will be free of viruses, contamination, or destructive features. HELM disclaims all warranties, express or implied, of accuracy, non-infringement, merchantability and fitness for particular purposes. HELM disclaims any and all liability for the acts, omissions and conduct of any third parties related to your use of the site and/or any of HELM’s services. You assume total responsibility for your use of this site and any linked websites. Should you have any dissatisfaction with the site or any of its content, your sole remedy is to stop using the site or any such content. This limitation of relief is part of the bargain between the parties.

This website may contain links to other independent third-party websites. Linked websites are provided solely for the convenience of users of the site. Such sites are not under HELM’s control; HELM is not responsible for and does not endorse the information or content on such linked websites. Users of this website will need to exercise independent judgment with regards to their use of such linked sites.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omissions, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, or unauthorized access to, alteration of, or use (for breach of contract, tort, negligence, or any other cause of action).

HELM reserves the right to do any of the following without notice at any time: (1) modify, suspend or terminate operation of or access to the site, or any part of the site, for any reason; (2) modify or change the site, or any part of the site, or any applicable policies or terms; (3) interrupt the operation of the site, or any part of the site, as required for routine or non-routine maintenance, error correction, or other changes.

Terms of Use

These terms and conditions of use (“Terms of Use” apply to the HELM website at www.helmchina.com, and all associated sites linked to www.helmchina.com (collectively, the “site”). The site is the property of HELM and its licensors. By using the site, you agree to these terms of use; if you do not agree, do not use this site.

I. Content

All text, graphics, user interfaces, visual interfaces, images, trademarks, logos, sounds, music, artwork and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content, contained on the site, is owned, controlled, or licensed by or to HELM, and is protected by trade dress, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws.

Unless expressly stated in these terms of use, no part of the site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any computer, server, web site, or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of HELM.

You may use information on HELM products and services that have been made available for download from the site provided that: (1) you do not remove any proprietary notice language in all copies of such documents; (2) such information is used only for your personal, non-commercial purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) no modifications are made to any such information; and (4) no additional representations or warranties relating to such documents are made.

II. Your Use of this Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, method, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. HELM reserves the right to stop any such behavior.

You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any HELM server, or to any of the services offered on or through the site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of HELM, including any HELM account not owned by you, to its source, or exploit the site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or HELM’s systems or networks, or any systems or networks connected to the site or to HELM.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to HELM on or through the site or any service offered on or through the site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the site or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HELM or others.

III. Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of the site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the site, the latter terms shall control with respect to your use of that portion of the site.

IV. Limitation of Liability

Except where prohibited by law, in no event will HELM be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if HELM has been advised of the possibility of such damages.

V. Indemnity

You agree to indemnify and hold HELM, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HELM by any third party due to or arising out of or in connection with your use of the site.

VI. Violation of these Terms of Use

You agree that HELM may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to HELM (which monetary damages would be inadequate), and you consent to HELM obtaining any injunctive or equitable relief that HELM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HELM may have at law.

You agree that HELM may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the site or any service offered on the site, or (4) unexpected technical issues or problems.

If HELM does take any legal action against you as a result of your violation of these Terms of Use, HELM will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to HELM. You agree that HELM will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.

VII. Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the People’s Republic of China. In the event of any controversy or disputes arising from your access to or use of the site, the parties should attempt to resolve such disputes in good faith. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VIII. Miscellaneous

You may not violate any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and HELM with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and HELM with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with HELM, HELM will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. HELM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by HELM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between HELM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

IX. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. HELM shall be free to use such information on an unrestricted basis.

The information contained in this website is subject to change without notice.