Disclaimer

This Disclaimer applies to your use of HelmGuard's website and services

Jan 7, 2025

Last Updated: 01/07/2025

1. GENERAL DISCLAIMER

The information contained on the website located at www.helmguard.com (the “Website”) is provided by HelmGuard Technologies, Inc. (“HelmGuard,” “we,” “us,” or “our”) for general informational purposes only. While we make reasonable efforts to ensure that the information on the Website is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, regarding the reliability, accuracy, completeness, or timeliness of any information, content, services, or materials found on the Website.

2. NO WARRANTIES

2.1 Information Disclaimer

All information on the Website is provided “as is” and “as available.” HelmGuard does not warrant or guarantee the adequacy, validity, reliability, completeness, or suitability of the information and materials found on the Website for any particular purpose. Any reliance you place on such information is strictly at your own risk.

2.2 "As Is" Basis

To the fullest extent permitted by law, HelmGuard disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. HelmGuard does not warrant that the Website will be uninterrupted, secure, error-free, free of viruses or other harmful components, or that any defects will be corrected.

3. RELIANCE ON INFORMATION

Any reliance you place on information obtained from the Website is strictly at your own risk. HelmGuard will not be liable for any loss or damage, including but not limited to indirect, incidental, consequential, special, punitive, or other damages, arising from or in connection with your use of, or reliance on, any information or materials available through the Website.

4. THIRD-PARTY LINKS

The Website may contain links to third-party websites or resources that are not owned, controlled, or endorsed by HelmGuard. We have no control over the nature, content, and availability of those external sites, and we are not responsible for any content, advertising, products, services, or other materials on or available from such sites. The inclusion of any third-party link does not imply endorsement or recommendation by HelmGuard. Your use of any linked third-party website is at your own risk.

5. WEBSITE AVAILABILITY

HelmGuard makes reasonable efforts to keep the Website accessible and operational. However, we assume no responsibility, and shall not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. Access may be suspended or restricted without notice at any time for maintenance, upgrades, or other reasons.

6. PROFESSIONAL ADVICE DISCLAIMER

6.1 Not Professional Advice

The information and materials on the Website are provided for general informational purposes only and are not intended as professional, legal, financial, medical, or other specialized advice. You should not rely on the information on the Website as a substitute for professional advice.

6.2 Seek Professional Consultation

If you have specific questions or concerns, you should consult a qualified professional in the appropriate field. HelmGuard disclaims any liability arising from your reliance on general information provided on the Website.

7. ACCURACY AND COMPLETENESS

7.1 Information Updates

While HelmGuard endeavors to update and maintain the accuracy of the content on the Website, we are under no obligation to do so and do not guarantee that the information will always be complete, accurate, or current. Any statements made on the Website reflect our knowledge and view as of the date they are posted and may be superseded by subsequent events or the passage of time.

7.2 No Guarantee

We do not warrant that the Website, its content, or the servers that make it available are free of errors, inaccuracies, viruses, or other harmful components. You assume the entire cost of any necessary servicing, repair, or correction resulting from your use of the Website.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELMGUARD, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HELMGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HELMGUARD’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES (IF ANY) PAID BY YOU TO HELMGUARD FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIVE HUNDRED U.S. DOLLARS ($500).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF HELMGUARD SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTHING IN THIS DISCLAIMER SHALL LIMIT OR EXCLUDE LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HelmGuard, its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Disclaimer or your use of the Website, including any use of the Website’s content, services, or products other than as expressly authorized.

10. CHANGES TO THIS DISCLAIMER

We reserve the right to modify or update this Disclaimer at any time. We will notify you of any material changes by posting the updated Disclaimer on this page with a new “Last Updated” date. Your continued use of the Website after such modifications indicates your acceptance of the revised Disclaimer. If you do not agree with the changes, you must stop using the Website.

11. COMPLIANCE WITH APPLICABLE LAW

This Disclaimer is governed by and construed in accordance with the laws of the jurisdiction set forth in our Terms of Use, without regard to conflict of law principles. Nothing in this Disclaimer shall be construed to limit your rights under applicable consumer protection laws, where such laws cannot be waived or modified by agreement.