TERMS OF USE

Effective Date: August 2019

WEBSITE TERMS OF USE

The following "Terms of Use" are the terms on which Helix Innovations LLC offers you access to this site. Throughout this site, the terms "Helix Innovations," "we," "us" and "our" refer to Helix Innovations LLC. Helix Innovations LLC offers this site, including all information, tools and services available from this site, to you, the user, conditional upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the site constitutes your agreement to all such terms, conditions, policies and notices in these Terms of Use.

ACCESS COSTS, EQUIPMENT AND SOFTWARE

You must provide, at your own expense, the equipment and Internet connections you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.

LINKS TO OTHER WEBSITES

This site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Helix Innovations LLC of the contents of such third-party websites. The inclusion of third-party website links in no way indicates endorsement, affiliation or association between Helix Innovations LLC and the owners and/or operators of such third-party websites, unless specifically stated otherwise. Helix Innovations LLC is not responsible for the content of linked third-party websites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any linked site.

USE OF MATERIAL FROM THIS SITE

All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works and data found on this site (collectively, the "Materials"), are the property of and owned by Helix Innovations LLC or its licensors, and are protected by copyright, trademark and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.

In circumstances where certain areas of the site expressly provide that you are authorized to use Materials from the site outside the site, your authorized use is limited solely to your own personal, noncommercial purposes. Your use of the Materials for personal, noncommercial purposes prohibits you from displaying, publishing, publicly performing, transmitting, broadcasting, distributing or otherwise making available to any third party such Materials, even without charge, or authorizing, encouraging, providing or allowing any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given or otherwise used by any third party. In every case, Helix Innovations LLC reserves the right to further restrict or revoke your authorization to use the Materials and to bring whatever legal action it deems necessary to enforce these Terms of Use.

PASSIVE COLLECTION OF INFORMATION

When you visit our branded website, your browser may send certain information, such as browser type, browser language preference, operating system, Internet service provider, Internet Protocol (IP) address, device identifiers, geo-location data and online browsing data (such as date and time of access to our website, mouse movements, referring website address, pages viewed, features used, links clicked and other actions you take in connection with the website, sometimes referred to as “clickstream data”).

When you visit our website, automated collection tools such as “cookies” and “web beacons” may gather information about your visit and your device.

A cookie is a small text file stored on your device that lets us know whether you’ve visited the website before, as well as your navigation experience during your visit. Cookies may be used to facilitate your access to our website, enhance and personalize your online experience, personalize advertising and recognize your computer or your device.

Web beacons are small graphics placed on our website and in email communications that are used to measure the effectiveness of our website and email communications.

  • Web beacons on our website collect information about your visit, such as the pages you view, the features you use, the links you click and other actions you take in connection with our website.
  • Web beacons in our emails track your interactions with those messages, such as when you receive, open, forward or click a link in an email message from us.

We may use third-party web analytics services on our website that analyze how a visitor uses our website.

TRADEMARKS AND COPYRIGHTS

This site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Helix Innovations LLC and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark and other laws of the United States and other countries.

INTELLECTUAL PROPERTY RIGHTS OF OTHERS

We respect the intellectual property rights of others, and we request that our visitors do the same.

By using the site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the site and any content on the site, including, but not limited to, whether you should rely on such content.

If you believe your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:

ALCS, Assistant General Counsel – IP

2325 Bells Road

Richmond, VA 23234
Telephone: 804-274-2000

Facsimile: 804-335-2080

Email: ALCSDMCA@altria.com

Please include all of the following in your notification:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
  2. a description of the work you claim has been infringed;
  3. a description of where the material you claim is infringing is located on the site, including by providing a URL to the page containing the material;
  4. your address, telephone number, email address and all other information reasonably sufficient to permit Helix Innovations LLC to contact you;
  5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

DISCLAIMERS

The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HELIX INNOVATIONS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELIX INNOVATIONS LLC OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. HELIX INNOVATIONS LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER HELIX INNOVATIONS LLC NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Helix Innovations LLC, its affiliates and each of their respective officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from any violation of these Terms of Use. If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

JURISDICTION

Helix Innovations LLC is incorporated in the state of Delaware in the United States of America, and this site is operated in the United States. The laws of the state of Delaware govern these Terms of Use and your use of this site, and you irrevocably consent to the jurisdiction of the courts located in the state of Delaware for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the state of Delaware and of the United States. If any material on this site, or your use of this site, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and we ask you not to use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on this site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

MISCELLANEOUS

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of these Terms of Use will remain in place. A waiver of any term or condition of these Terms of Use in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms of Use or a general waiver. These Terms of Use constitute the entire agreement and understanding between you and Helix Innovations LLC with respect to use of the site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.