Last Modified: March 12, 2019
HELM HOLDCO, INC. (“The Helm”, “we”, “us”, “our”, or the “Company”) is a one-stop shop that focuses on women-centered innovation, offering editorial content and curation of female-founded products, services, and experiences.
Our Services bring together Users as well as female-founded Vendors who offer Users products and services (“Vendor Products”).
- If you are a trusted “Vendor”—a business, business owner, employee, or agent offering products and services via our Services—the Vendor Agreement we signed primarily governs our relationship, and these Terms only apply to the extent they supplement (not supersede) and do not conflict with the provisions of the Vendor Agreement.
Some parts of these Terms apply to both Users and Vendors, but other parts may only apply to one or the other. Unless we specifically say otherwise, you should assume the Terms apply to everyone who accesses our Services—“you”.
Please read these Terms carefully because this is a legally binding contract between you and The Helm and governs your use of our (a) operates www.thehelm.co/ (including any successor websites) (this “Website”), (b) mobile, web, tablet, desktop and other applications (“Apps”), and (c) other content, applications, features, functionality, information and services offered by us, whether through our Apps or the Website (each of the above individually and collectively referred to herein as the “Services”).
ACCEPTANCE OF THESE TERMS
Please note that the Section on “DISPUTE RESOLUTION” below contains an arbitration clause and class action waiver. By agreeing to these Terms, you also agree to resolve all disputes through confidential, binding arbitration—which means a waiver any right to have those disputes decided by a judge or jury—and waiver any right to participate in class actions, class arbitrations, or representative class actions.
If you do not want to agree to these Terms, your only option is to not access or use the Website or our Services.
CHANGES TO THESE TERMS
We may revise and update these Terms from time to time as is necessary. All changes are effective immediately after we post them and apply to all access to and use of the Services and the purchase or sale of Vendor Products. We expect you will check this page from time to time so that you are aware of any changes, as they are binding on you.
Your continued use of the Services or User’s purchase of Vendor Products following the posting of revised Terms means that you accept and agree to the changes.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
The Services are offered and available to those who are 18 years of age or older. Anyone under 18 is not permitted to use the Services.
To access the Services, you may be asked to provide certain registration details or other information. You must provide accurate information about yourself or your company when accessing the Services, signing up for an account, or buying or selling Vendor Products. It is prohibited to use false information or impersonate another person or company when you interact with us, Users, or Vendors.
You and only you are responsible for activity on your account. Keep your account information and passwords secure and do not share them with anyone that you do not trust. We will never send you an email or communication asking for your username or password, so if you receive any such email or communication that claims to be us do not disclose your account information.
INFORMATION ABOUT YOU
We take privacy seriously and want you to understand how information about you is treated when you interact with our Services or purchase Vendor Products.
- If you are redirected or linked to one of our trusted Vendor’s websites and you provide the Vendor with personal information while on their website, engaging their services, or purchasing their products, then we are not responsible for protecting your information, rather that Vendor is solely responsible for protecting your information and will do so pursuant to the Vendor’s policies and terms.
YOUR USE OF OUR WEBSITE
To the extent you may interact with other Users or Vendors via our Services, we ask that you please be respectful and not engage in any discriminatory, harassing, or threatening behavior. You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the Content Standards set out below.
- To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any junk mail, targeted ads, or any other similar solicitation.
- To impersonate or attempt to impersonate The Helm, a Helm employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm The Helm or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, including the server on which any of the Services is stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to any or all of the Services.
We offer a platform for our female-founded Vendors to provide you information about and options to purchase their products and services. You may access or purchase Vendor Products through our Services or you may be redirected or linked to the Vendor’s website so that you may purchase the product or service from the Vendor directly. In either event, it is important to understand that The Helm does not manufacture, store, or inspect any of the items sold through our Services or our Vendors’ websites. The items in our marketplaces are not our products, but are produced, listed, and sold by Vendors as independent sellers.
The Helm attempts to ensure Vendor descriptions are as accurate as possible. However, The Helm does not warrant that product descriptions or other content made available on or through our Services is accurate, complete, reliable, current, or error-free. If any product is not as described, your sole remedy is to return it in unused condition, consistent with the Vendor’s return policy.
When anyone engages in a transaction on or through our Services, they may be bound by third-party services’ terms of service related to payment processing. If we receive notice that any User’s or Vendor’s content, activity, or Products violates a third party’s service agreement, we may at our sole discretion take action against include canceling a transaction, disabling listings or sale of Vendor Products, suspending privileges, or removing certain payment methods.
Please note that a bank or card provider may charge additional transaction fees related to purchases or sales you make on or through our Services. These fees are not charged by The Helm but are at the discretion of that bank or card provider. Please contact your provider for further details.
The Helm ships only to physical addresses within the United States, including Alaska and Hawaii. We do not ship to P.O. Boxes, APO, or FPO addresses.
The Helm at no time shall have any title to or bear any risk of loss for any Vendor Products.
If a User wishes to return any Vendor Products which are eligible for return, the User must initiate the return within fourteen (14) calendar days of the delivery date. Refunds will be issued promptly upon receiving the goods back in good condition meaning that they are unopened, unused, with tags still on, and in their original packaging. No exchanges are permissible.
Vendors are solely responsible for wrongly fulfilled, damaged, and/or lost items.
The Helm may refuse service to anyone, for any reason, at any time. We may decline a transaction that appears to be fraudulent or high risk. We may also impose transaction limits on any single transaction, the cumulative value of transactions may during a certain period of time, or the number of transactions made during a certain period of time.
The Helm cannot and does not make any representations or warranties about the quality, safety, or even legality of any Vendors Products.
WE DO NOT GUARANTEE THAT OUR SERVICES OR VENDOR PRODUCTS WILL BE SECURE, FIT FOR A PARTICULAR PURPOSE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR VENDOR PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
Any legal claim related to an item you purchase form a Vendor—whether through any of our Services or the Vendor’s website or app—must be brought directly against the Vendor as the seller, distributor, or manufacturer of the item.
YOU HEREBY AGREE TO RELEASE THE HELM, ITS AFFILIATES, AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS AND SERVICE PROVIDERS (“HELM PARTIES”) FROM ANY AND ALL CLAIMS RELATED TO THE SERVICES, INCLUDING ALL ITEMS SOLD THROUGH OUR SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSE PHYSICAL INJURY, AND OTHER PRODUCT LIABILITY CLAIMS. THE HELM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LIABILITY WHATSOEVER, INCLUDING ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, VENDOR PRODUCTS, OR THESE TERMS.
INTELLECTUAL PROPERTY RIGHTS
The Services (including the Website) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), as well as the trademark “THE HELM” and “WOMEN AT THE HELM” are owned by The Helm, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms grant you a limited, revocable, non-transferable, and non-exclusive license to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material made available on or through our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in these Terms.
- Access, or use, for any commercial purposes, any part of the Services or materials available by us.
If you wish to make any use of material made available via the Service other than that set out in this section, please address your request to: email@example.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content made available on or through the Services is transferred to you, and all rights not expressly granted are reserved by The Helm. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Helm name, the terms THE HELM (SN: 87079448), The Helm logo and all related names, logos, product and service names, designs and slogans are trademarks of The Helm or its affiliates or licensors. You must not use such marks without the prior written permission of The Helm. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Image and Video
We may display images, audio, and video (the “Material”) on or through the Services from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by The Helm, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
Copyright Infringement Notices
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at firstname.lastname@example.org and we will address your concerns.
If the Content falls into one of the categories listed above under Image and Video, we believe that our use is legitimate, and we may not remove it from the site. If you have corresponded with The Helm directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication by email to email@example.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit us to contact you – an email address and/or telephone number is preferred.
- For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document (physically or electronically) and email it to firstname.lastname@example.org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our website infringes your copyrights.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content made available on the Services.
- Send e-mails or other communications with certain content, or links to certain content, made available on the Services.
- Cause limited portions of content made available on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as we provide them, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you if done so with malicious or wrongful intent.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials made available on the Services that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
We provide you with authentic products that are contextual, curated, and relevant. But nothing is perfect and sometimes things can go wrong. Please read this section very carefully as it contains important information about your rights and limitations on our responsibilities to the fullest extent permissible under the law.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES THAT MAY BE IMPLIED BY A COURSE OF DEALING OR USAGE OF TRADE.
THE HELM DOES NOT MAY ANY REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SAFETY, OR LEGALITY OF ANY VENDOR PRODUCTS. SIMILARLY, THE HELM DOES NOT WARRANT THAT ANY VENDOR PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR VENDOR’S WEBSITES OR APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NEITHER THE HELM NOR ANY PERSON ASSOCIATED WITH THE HELM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Helm has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE HELM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR VENDOR WEBSITES AND ANY CONTENT ON THE WEBSITE, VENDOR PRODUCTS, VENDOR SERVICES, OR SUCH OTHER WEBSITES, PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE HELM’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OF THE AMOUNT YOU HAVE PAID THE HELM IN THE PAST TWELVE (12) MONTHS.
THIS LIMITATION IS TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless each of the Helm Parties, Vendors, and each of its or their affiliates, licensors, and service providers, as well as our respective officers, directors, employees, contractors, agents, licensors, suppliers, 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 these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products as well as Vendor’s services and products, other than as expressly authorized in these Terms.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any issue or dispute with The Helm, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally.
Unless both parties agree otherwise, the arbitration will be conducted in New York City. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE HELM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Limitation on Time to File Claims
WAIVER AND SEVERABILITY
No waiver of by The Helm of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Helm to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
YOUR COMMENTS OR CONCERNS
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org.