These Terms and Conditions (the “Terms”) govern your access to and use of the website located at www.thesuperduke.com and any related applications (together, the “Site”), and the information, content, products, and services made available through it (together, the “Services”) by Helo 1 LLC, a Pennsylvania corporation (the “Company,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, you may not use the Site or Services.
The Company may update or revise these Terms at any time in its sole discretion by posting updated Terms on the Site. Your continued use of the Site or Services constitutes acceptance of the revised Terms.
Eligibility
The Site is intended for a general audience. You must be at least 18 years of age, or the age of majority in your jurisdiction, to register for an account, submit inquiries, or complete any transaction through the Site. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate.
Privacy Policy and Disclaimer
Your use of the Site and Services is also governed by our Privacy Policy and our Disclaimer, each of which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information, and the Disclaimer to understand the limits on the information provided through the Site.
Informational Purposes and No Professional Advice
THE SITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. THE COMPANY IS NOT A PROFESSIONAL ADVISOR AND DOES NOT PROVIDE LEGAL, FINANCIAL, MEDICAL, NUTRITIONAL, OR OTHER PROFESSIONAL ADVICE. INFORMATION ABOUT PRODUCTS, SERVICES, PRICING, AND AVAILABILITY IS PROVIDED FOR CONVENIENCE AND MAY CHANGE WITHOUT NOTICE. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT AND DISCLAIMS LIABILITY FOR ANY RELIANCE PLACED ON IT.
Accounts
Certain features of the Site may require you to register for an account. You agree to provide accurate and current information, to keep your login credentials confidential, and to notify us promptly of any unauthorized use of your account. You are responsible for all activity occurring under your account.
Products, Orders, and Payments
To the extent the Site offers products or services for purchase, all orders are subject to acceptance by the Company and to availability. Prices, descriptions, and availability may change without notice, and the Company reserves the right to refuse or cancel any order, including any order affected by a pricing or other error. Payments are processed by third-party payment providers and are subject to their terms. Any shipping, return, or refund terms posted on the Site at the time of your order are incorporated into these Terms.
Newsletters and Communications
If you subscribe to our newsletter or submit an inquiry, you agree that we may contact you using the information you provide. You may opt out of marketing communications at any time using the unsubscribe link or by contacting us.
License and Use Restrictions
The Company grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Site and Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, exploit, or create derivative works of the Site, Services, or content without the Company’s express written consent.
You agree not to (a) use the Site or Services in any unlawful or harmful way; (b) introduce viruses, worms, or other harmful code; (c) interfere with or disrupt the Site or Services; (d) impersonate another person or misrepresent your affiliation; (e) collect or harvest data from the Site or other users without consent; or (f) use automated systems to scrape or index the Site except as expressly permitted.
User Content and Submissions
If you provide feedback, comments, reviews, or other submissions to the Company, you grant the Company a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and incorporate such submissions without obligation or compensation to you. You are responsible for ensuring that your submissions are lawful and do not infringe the rights of any third party.
Third-Party Services, Links, and Vendors
The Site uses third-party vendors for hosting, analytics, email delivery, payment processing, and related functions, and may contain links to third-party websites and social media platforms. While we require vendors to maintain appropriate safeguards, we cannot guarantee the security or content of their systems. Your use of third-party services and websites is subject to their separate terms and privacy policies, and the Company is not responsible for their content or practices.
Copyright Complaints
The Company respects the intellectual property rights of others. If you believe that material on the Site infringes your copyright, please send a written notice to the contact address below identifying the copyrighted work, the allegedly infringing material and its location on the Site, your contact information, a statement of your good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf. The Company may remove any such material and may terminate the accounts of repeat infringers.
Arbitration and Governing Law
Any dispute arising out of or relating to these Terms, the Site, or the Services that cannot be resolved through good-faith negotiation within thirty (30) days shall be resolved by binding arbitration before a single arbitrator under the rules of the American Arbitration Association (AAA) in Wilmington, Delaware. Arbitration shall proceed solely on an individual basis, and you waive any right to bring or participate in any class, collective, or representative proceeding. However, the Company reserves the right, at its sole discretion, to pursue adjudication in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.
These Terms and any disputes shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.
Warranty Disclaimer
The Site and Services are provided on an “as is” and “as available” basis without warranties of any kind. The Company disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Site or Services will be uninterrupted, error-free, or secure, or that defects will be corrected.
Limitation of Liability
To the fullest extent permitted by law, the Company, its affiliates, members, managers, officers, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or relating to your use of the Site or Services. The Company’s total liability to you for any claim arising under these Terms shall not exceed the greater of one hundred dollars ($100) or the amount you paid to the Company, if any, in the twelve (12) months preceding the claim.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, members, managers, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Site or Services, your violation of these Terms, or your infringement of any third-party rights.
Termination
The Company may suspend or terminate your access to the Site or Services at any time, with or without cause or notice, including if you breach these Terms. Upon termination, your license to use the Site and Services will immediately cease.
Intellectual Property
All content on the Site, including text, graphics, photographs, video, software, logos, and trademarks, is the property of the Company or its licensors and is protected by copyright, trademark, and other laws. The names, logos, and marks of third parties appearing on the Site are the property of their respective owners, and their appearance does not imply any affiliation with or endorsement of the Company. Unauthorized use is prohibited.
Miscellaneous
These Terms, together with the Privacy Policy and the Disclaimer, constitute the entire agreement between you and the Company with respect to the Site and Services. If any provision is held invalid, the remainder shall remain in effect. The Company’s failure to enforce any right or provision shall not constitute a waiver. Any claim arising out of these Terms must be brought within one (1) year of accrual.
Electronic Communications
By using the Site or Services, you consent to receive communications from the Company electronically. Notices may be sent to the email you provide or posted on the Site. Such communications have the same legal effect as if in writing.
Contact Us
For questions or concerns about these Terms or the Services, please contact us at:
Helo 1 LLC
Email: legal@thesuperduke.com