Terms & Conditions

Overview

This Terms and Conditions of Use (the “Terms of Use”, “Terms”) is a legal agreement between you and us governing your access to, and use of our websites and other online or mobile services, software or applications that link to these terms (“Site(s)”) operated by HeloGreen Inc., a California corporation, located at www.helogreen.com.

Throughout our Site(s), the terms “we”, “us”, “Company”, and “our” refer to HeloGreen Official Pre-Order Store. HeloGreen Official Pre-Order Store offers this Site(s), including all content, information, tools, and services accessible to you from our Site(s), the user or visitor, bound by the Terms described herein.

By accessing or using our Site(s) and/ or purchasing from us, you acknowledge the use of our Site(s), services and you agree to be bound by the following Terms, including any additional terms and conditions and policies available throughout our Site(s).

Please read these Terms of Use carefully before accessing or using our Site(s). By accessing our Site(s), you agree to be bound by these Terms described herein. If you do not agree to all of these terms and conditions of this agreement, do not use our Site(s).

Any new features, services or tools, which are added or modified to the current store, shall also be subject to the Terms of Use. We reserve the right, at any time, to modify the Site(s) and content, suspend, or discontinue the Site(s) or any part thereof with or without notice. You agree that HeloGreen will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site(s) or content. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site(s) following any modification or updates institutes your agreement of those changes.

Our online store at www.HeloGreen.com is hosted on Shopify that provides us an e-commerce platform that allows us to provide services and sell our products to you.

You represent, acknowledge and agree that you are at least 18 years of age that you have your parent or legal guardian’s permission to agree to these Terms.

Limited License

HeloGreen and its licensors retain title, ownership and all rights and interests to the information, documents, materials and services provided on and through the Site(s), including all names, logos, text, designs, graphics, images, videos, photographs and other content appearing in or on the Site(s) (together, the “Content”). Such Content may be protected by copyright, trademark, patent or proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. Any unauthorized reproduction or modification, distribution, or performance of any Content is strictly prohibited.

We grant you a limited license to access, view and use the Site(s) and their Content for your personal, informational and shopping purposes. You have no right to copy, reproduce, edit, modify, republish, perform, display, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any way without written permission of the rights owner. You may download or print copies of the Site for your personal, non-commercial home use, subject to your compliance with these Terms and solely for as long as you continue to be permitted to access the Site(s). This limited license terminates automatically if you breach any of these Terms. In addition to any right or remedy that may be available to us under applicable law, we reserve the right to suspend or terminate this license and any access rights to the Site(s) or Contents, for any reasons, at our sole discretion, at any time. Upon any such termination of this limited license, you agree to immediately destroy all Content obtained from the Site(s) and all downloaded or printed Content.

Trademarks

“HeloGreen” and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of HeloGreen and may not be used without permission in connection with any third party products or services. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owner.

Privacy

Your use of the Site(s) is subject to HeloGreen Website Privacy Statement, as edited from time to time by HeloGreen at HeloGreen's sole discretion and posted at www.HeloGreen.com/privacy

Third-Party Content and Links

The Site may contain information, statements, opinions or other information provided by third-party licensors and made available on our Site(s) are content belonging to the respective author(s) and not us. We are not responsible for the content of any third party web site or any link operated by a third party. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other Content on our Site(s) provided by a third-party website. HeloGreen may provide these links on the Site(s), solely as a convenience to users and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

YOU AGREE THAT YOU USING ANY OF THE THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY THIRD PARTY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Products and Services

We made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Site(s) will be corrected.

Errors and Inaccuracies

Occasionally there may be information on our Site(s) or services that are offered that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site(s) is inaccurate at any time without prior notice (including after you have submitted your order).

Disclaimer of Warranty

We are not responsible if any information made available on this site is not accurate, complete, or current. You use of the Site(s), third-party content and materials at your own risk and the content of a Site is provided “as is” and on an “as available”, without warranties of any kind either expressed or implied. HeloGreen does not warranty or make any representations regarding the accuracy or reliability of the content available on a site or other sites linked to or from a site. Under applicable law, HeloGreen disclaims all warranties, expressed or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement.

Limitation of Liability

IN NO EVENT SHALL, HELOGREEN AND OUR AFFILIATES, SUBSIDIARIES AS WELL AS OUR SUPPLIERS OR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OF THE SITE(S), DELAY OR THE INABILITY TO USE THE SITE(S), OR FOR ANY SITE(S) CONTENT OR EXTERNAL LINKS. HELOGREEN ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL HELOGREEN'S AND/OR ITS SUPPLIERS OR LICENSORS TOTAL AMOUNT LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY U.S. DOLLARS (USD $50).

Updates to this Agreement

HeloGreen may, at any time, revise or otherwise change or update these Terms from time to time. By using this Site, will signify your continued agreement by any such revisions and, therefore, we encourage you to periodically review these Terms as there may have been changes to our policies that may affect you.

Copyright Infringement Notices

If you believe that any Content, Third Party Content or other on the Site infringes upon any copyright which you own or control, you can request that we remove such items by sending a written notification to HeloGreen's designated copyright agent the following information:

a.      Identification of the copyrighted work or other intellectual property claimed to have been infringed, with reasonably sufficient detail so that we can identify infringing material;

b.      Information reasonably sufficient to permit HeloGreen to contact you as the complaining party, such as your name, mailing address, telephone number and email address

c.       The electronic or physical signature of the owner of the copyright or a person authorized to act on behalf of the owner’s behalf.

d.      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner and/or trademark owner, its agent, or the law; and

e.      A statement by you that the information contained in the notification is accurate, and under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

By mail:

HeloGreen
ATTN: General Counsel
921 Berryessa Road, Suite 10
San Jose, CA 95133 

        By e-mail: info@HeloGreen.com

Any person knowingly misrepresenting in a notification that material or activity is infringing can subject you to damages and may be subject to liability.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site(s), including any dispute, claim or controversy arising out of or relating in any way to these Terms, will be governed by the laws of the State of California and the United States of America without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between HeloGreen and you, the parties attempt in good faith to resolve any such dispute. If we unable to resolve any such dispute within thirty (30) days, then either party may submit such controversy or dispute to mediation. If informal efforts to resolve dispute cannot be resolved or are not used through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Applicable Laws

HeloGreen controls and operates the www.HeloGreen.com Site(s) from its location in United States of America and other jurisdictions. Although the Site is accessible worldwide, not all features, products or services stated, referenced, provided or offered through or on the Site are available to all persons, or appropriate or available for use outside the United States. If you use the Site(s) outside the United States, you are solely responsible for following applicable local laws.

General Provisions

If any provision of these Terms is, for any reason, held to be void or unenforceable, the other provisions of these Terms will be limited or eliminated and the invalid or unenforceable provision will be replaced with a valid provision to the maximum extent permitted by law. The failure of HeloGreen to insist on or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will be available to HeloGreen.

Contact Information

Questions about the Terms of Use that may arise can be sent to us at info@HeloGreen.com

 

Effective as of June 8, 2017

Date last updated: November 19, 2019