TERMS OF SERVICE
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Disclaimer: Products on this website, protechelmet.com,
may contain alternate name brand helmets not affiliated with
Pro-Tec, or owners of the brand for optional convenience to
our shoppers. Protechelmet.com does not warrant or assume
any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, apparatus,
product, or modification of such, or process disclosed.
OVERVIEW
By browsing or viewing any data on this site, including
all subdomain or pages/posts or data herein, https://www.protechelmet.com,
you agree to be bound by privacy statement and terms of
service. Owner, manager, director, submitted bylaws or
operating agreements, past, present, or future, updated by
addendum and filed with any state within the United states
may be applicable to this terms of service and the
enforcement thereof in perpetual by use of this site or
content herein.
All material herein owned, managed,
directed by staff, employees, or affiliates, throughout the
site, the terms "author" “we”, “us” and
“our” refer to such in the operation or management of
protechelmet.com. All information, tools and services
available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and
notices stated herein.
BY READING THIS TERMS OF SERVICE OR ANY DATA FOUND
WITHIN, ARCHIVED, OR POSTED AT PROTECHELMET.COM YOU AGREE TO
BE BOUND BY THE TERMS OF SERVICE, AGREE TO INDEMNIFY OWNERS,
MANAGERS, DIRECTORS, EMPLOYEES, AND AFFILIATES, AND AGREE TO
BE BOUND BY THE ENFORCEMENT, LEGAL ACTION, OR DEFINITION OF
LEGAL ACTIONS OR ENFORCEMENT AS DEFINED BY ADDENDUM, BYLAWS,
OR OPERATING AGREEMENTS ISSUED BY MANAGER OR AFFILIATES.
By visiting this site protechelmet.com and/or purchasing
merchandise, you engage in our "Service" and agree
to be bound by the following terms and conditions
("Terms of Service", "Terms"), including
those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms
of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content and as such you
are defined in any regard as a "user" of this
site.
By accessing or using any part of the site, you agree to
be bound by these Terms of Service. If these Terms of
Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at
any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes.
Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those
changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or
province of residence, or that you are the age of majority
in your state or province of residence and you have given us
your consent to allow any of your minor dependents to use
this site. You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction, including but not
limited to copyright laws. You must not transmit any worms
or viruses or any code of a destructive nature. A breach or
violation of any of the Terms will result in an immediate
termination of your Services or Breach Section 4.3.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through
which the service is provided, without express written
permission by us.
The headings used in this agreement are included for
convenience only and will not limit or otherwise affect
these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
The sale of knock off helmets, clones, likeness of brands
of helmets or modification of such is forbidden. This
website does not retail or sell clones of Pro-Tec products,
only authentic Pro-Tec or name brand helmets and products.
Requests to manufacture likeness of products will be denied.
Users or distributors of product purchased at
protechelmet.com are forbidden to engage in communication
concerning protechelmet.com as selling or modifying clones
to the public on blog boards or any electronic communication
portal to sway public opinion whether as product reviews or
complaints through misinformation considered BREACH. We are not responsible if information made available on
this site is not accurate, complete or current. Any reliance
on the material on this site is at your own risk. This site
may contain certain historical information. Historical
information, necessarily, is not current and is provided for
your reference only. We reserve the right to modify the
contents of this site at any time, but we have no obligation
to update any information on our site. You agree that it is
your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE, PRICES,
CHARGEBACKS, BREACH
Prices for our products are subject to change without
notice. We reserve the right at any time to modify or
discontinue the Service or any part or content thereof
without notice at any time, without liability to you or to
any third-party for any modification, price change,
suspension or discontinuance of the Service.
- CHARGEBACKS
User may not file chargebacks to credit card or
financial institutions for any reason. A chargeback is a
claim to your bank, credit card, or financial
institution for merchandise not received, fraud, or
various reasons, in which will charge us, the merchant,
a fee for user chargeback filed, including refunding
your full payment from your order or merchandise
purchased at protechelmet.com. You agree to pay all
fees, assessments, additional charges, audits, including
attorneys fees for any chargeback filed. User must
contact protechelmet.com for refunds, returns, or any
financial matter concerning your user account.
- 3rd PARTY VENDORS AND COMPLAINT BOARDS
User will not contact 3rd party organizations to
negotiate or manage solutions against protechelmet.com
for any financial, product, or merchant dispute.
Organizations such as Attorney Generals office in any
state, Better Business Bureau, Collection Agencies,
blogs, Anti Defamation League or any likeness to such
organizations, product review websites, Google, Bing, or
Internet complaint boards, TrustPilot, or advertisers of
such are prohibited in the use of resolutions, credits,
collections, complaints, reviews of service, or claims.
All complaints, errors, of this agreement, or any
communication of protechelmet.com to user is
confidential and violation of such is considered BREACH.
- BREACH
User agrees that protechelmet.com copyright data,
trademarks, and written material are valuable and that
the public release, accusation, or posting of data to
the public as defamation, slander, libel or any term
referencing or relating to Section 4 of this agreement
could cause irreparable harm and financial loss. User
agrees data, or material will not be re-named,
re-engineered, or re-produced by user, it’s
affiliates, employees, managers, directors, individuals
by consorting, contractors, subordinate businesses,
parent or junior companies, or by any of it’s entities
owned, leased, or partnered domestically, or
internationally. User will not sell, purchase, enter
contract with, promote, advertise, display, store, or
warehouse any data or material likened to be,
considered, or deemed owner re-production, re-named,
re-branded, or varied from the original content and will
cause BREACH of this agreement and user will be
considered in BREACH for any violations of this
agreement, including future addendum’s to this
agreement. If a BREACH shall occur by user, or user
organization; organization meaning any business or
operation managed for profit, or non-profit entity
within user company, foundation ran by committee or
individuals, contractors, employees, parent, or
subordinate companies, employed, controlled, owned or
affiliated by user; user agrees to fully compensate
protechelmet.com owners, managers, or directors as
relayed in BREACH, which reserve sole discretion to deem
if monetary damage has occurred to owner copyright
material, brand, trademarks, or organization, and user
agrees any or all judgments or actions by any court will
not impede, disallow, or supercede owner financial claim
as relayed to user and user agrees to any and all
compensation of claim by protechelmet.com or those
designated as owners, managers, or directors by addendum
or any update to the user.
- BREACH NOTIFICATION, GRACE PERIOD
Upon notification to user of BREACH there will be a forty
five (45) day grace period for user to amend, or settle with
protechelmet.com by removing or adhering to instruction by
us, staff, or personnel directed in this endeavor, whether
employee or contractual law firm, and performing removal of
BREACH. Immediately after forty five (45) days, compensation
for BREACH shall be required if removal or damage is deemed
irreparable. Compensation Notification will be mailed via
Courier service, or by electronic means to user address,
place of business, or designated legal counsel. The
compensation required will be USD, (U.S. Dollar) for
irreparable BREACH and user agrees compensation will be paid
to owner of no less than $10,000 (ten thousand) dollars.
Failure to compensate owner for BREACH, within ten (10)
business days from receipt of Compensation Notification,
user agrees that all legal proceedings shall take place in
county or jurisdiction as deemed and user shall pay for all
legal services rendered, charged, or allotted in settlement
of BREACH. Staff or those directed by managers, directors,
or employees of protechelmet.com deem by what method legal
proceedings shall occur, including by arbitration, or court
county selection. User agrees legal services selected by
owner will be invoiced and charged to user who agrees and
accepts all responsibility for payment of such for a period
not to exceed twelve (12) years from the date of filing with
any legal court, or arbitration proceeding.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively
online through the website. These products or services may
have limited quantities and are subject to return or
exchange only according to our Return Policy. We cannot
guarantee that your computer monitor's display of any color
will be accurate. We reserve the right, but are not
obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services
that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any
product or service made on this site is void where
prohibited. 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 the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with
us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the
same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate
purchase and account information for all purchases made at
our store. You agree to promptly update your account and
other information, including your email address and credit
card numbers and expiration dates, so that we can complete
your transactions and contact you as needed. For more
detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input. You
acknowledge and agree that we provide access to such tools
"as is" and "as available" without any
warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services
and/or features through the website (including, the release
of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our
Service may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services
of third-parties. We are not liable for any harm or damages
related to the purchase or use of goods, services,
resources, content, or any other transactions made in
connection with any third-party websites. Please review
carefully the third-party's policies and practices and make
sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the
third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we
may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or (3) to respond
to any comments. We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You
further agree that your comments will not contain libelous
or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in
any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to
be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store
is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in
the Service 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 in
the Service or on any related website is inaccurate at any
time without prior notice including after you have submitted
your order. Information on this site has no obligation to
update, amend or clarify information in the Service or on
any related website, including without limitation pricing
information. No specified update or refresh date applied in
the Service or on any related website, should be taken to
indicate that all information in the Service or on any
related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the
Terms of Service, you are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c)
to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of
any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with
or circumvent the security features of the Service or any
related website, other websites, or the Internet. Reserve
the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
Use of this site does not guarantee, represent or warrant
that your use of service will be uninterrupted, timely,
secure or error-free. There is no warranty that results may
be obtained from the use of the service will be accurate or
reliable. You agree that from time to time we may remove the
service for indefinite periods of time or cancel the service
at any time, without notice to you. You expressly agree that
your use of, or inability to use, the service is at your
sole risk. The service and all products and services
delivered to you through the service are, except as
expressly stated, provided 'as is' and 'as available' for
your use, without any representation, warranties or
conditions of any kind, either express or implied, including
all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall
protechelmet.com, our directors, managers, officers,
employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort, including
negligence, strict liability or otherwise, arising from your
use of any of the service or any products procured using the
service, or for any other claim related in any way to your
use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use
of the service or any content or product posted,
transmitted, or otherwise made available via the service,
even if advised of their possibility. Some states or
jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited
to the maximum extent permitted by law as enforced by this
terms of service.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless
protechelmet.com, subsidiaries, our directors, managers,
officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors, service
providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising
out of breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law
or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service
is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable
portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination
of this agreement for all purposes. These Terms of Service
are effective unless and until terminated by
protechelmet.com. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use
our Services, or when you cease using our site. If in our
sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part
thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of
such right or provision. These Terms of Service and any
policies or operating rules posted on this site or in
respect to the Service constitutes the entire agreement and
understanding between you and your use of protechelmet.com
and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals,
whether oral or written, between you and protechelmet.com
it's employees, managers, directors, or staff, including,
but not limited to, any prior versions of the Terms of
Service. Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting
party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and
construed in accordance with the laws of the state elected
by consent.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of
Service at any time at this page.
Reserve the right, at sole discretion, to update, change or
replace any part of these Terms of Service by posting
updates and changes to protechelmet.com. It is your
responsibility to check this website periodically for
changes. Your continued use of or access to this website or
the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us
at service@protechelmet.com.
