Terms of Use

TERMS OF USE
(Updated: August 1st, 2021; Effective as of August 1st, 2021)
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SECTION 1 - OVERVIEW
Thank you for visiting this website by Helios Creative Works, LLC. Throughout the website, the terms “we”, “us” and “our” to refer to Helios Creative Works, LLC. Visitors to our website are sometimes referred to in these Terms of Use as “you” or “your” and you and us together are sometimes referred to as the “parties”. 
Your access and/or use of this website in any manor confirms your unconditional acceptance of these Terms of Use. Please read these Terms of Use carefully. If you do not fully accept these Terms of Use, do not access our site or engage with our products.  These Terms of Use apply to all visitors and/or users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use 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 2 - USE OF THE WEBSITE AND ONLINE STORE
By accepting these Terms of Use, you represent that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence) and are not a resident of or located in the European Economic Area or any other country subject to the GDPR.  If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the permission and involvement of a parent or guardian.
By accepting these Terms of Use, you agree that you will access and use the website and our products in a lawful manor and only in accordance with these Terms of Use.  The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by Helios Creative Works, LLC. and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material.
By accepting these Terms of Use, you also agree that you will NOT:
1.Use our product in any way other than the intended use per instructions from Helios Creative Works,LLC.
2.Modify the information or materials located on this website or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose.
3.Gain access or attempt to gain access to any option of our website or systems by hacking or any other illegitimate or unlawful means.
4.Collect any data or information regarding users and/or devices accessing this website.
5.Transmit or upload to our website any item containing or embodying any virus, worm, defect, or otherwise harmful or malicious code or feature that could in any way adversely affect the performance or security of this website.
6.Take any action that imposes, in our sole discretion, an unreasonably large load on our website our any of our IT infrastructure used to support our website.
7.Submit or post any content related to Helios Creative Works, LLC. or our products that is unlawful or facilitates or otherwise promotes illegal activity.
8.Scan or test the vulnerability of our website or network.
9.Use this website in any manner which would violate any applicable local, state, federal, or international law.
All products offered by Helios Creative Works, LLC are available for purchase by U.S. residents only and will not be shipped internationally.  Any orders originating from outside the U.S.A. will be cancelled by Helios Creative Works, LLC.
SECTION 3 - CONTENT, PRICING, AND ACCURACY
All features, content, availability, specifications, products and prices of products and services described or depicted on the website are subject to change at any time without notice. The inclusion of any products at a particular time does not imply or warrant that these products will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the website is complete, accurate and up-to-date; however, cannot guarantee the degree of accuracy in each of our product descriptions.  Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out-of-date. There may be slight variances on exact color, size, and shape of the product you receive from what is detailed on the website.  We make no representation as to the completeness, accuracy, or currency of any information on the website.  We are not responsible if information made available on this site is not accurate, complete, or current. We reserve the right to modify the contents of this website 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.
The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.  This website does not give medical advice or sell medical products, all medical questions should be raised with a medical doctor.  
All products manufactured and/or offered by Helios Creative Works, LLC are either custom, built to order, or handmade. Varaitions or inconsistentcies in the product's color, finish, texture, shape, and final appearance may be present. A variation in the product's final appearance as listed previously, does not mean the product is faulty but is expected due to the nature of the materials and the manufacturing process. Any claims for faulty or damaged products are subject to review and approval by Helios Creative Works, LLC.
SECTION 4 - THIRD PARTY LINKS
This website may contain links to websites that are not owned, operated, or controlled by Helios Creative Works, LLC., or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. Neither Helios Creative Works, LLC., nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Helios Creative Works, LLC., nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
SECTION 5 - MODIFICATIONS TO THE PRODUCT OFFERINGS AND PRICES
Prices for our products are subject to change without notice. We reserve the right, but are not obligated, to limit the sales of our products 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. We reserve the right at any time to modify or discontinue our offerings without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our offerings.
SECTION 6 - PURCHASE AND BILLING INFORMATION
We reserve the right to refuse any order you place with us for any reason. We may, in our sole discretion and at any time, limit or cancel quantities purchased per person, per household or per order.  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.
You agree to provide current, complete, and accurate purchase, payment, shipment information, and valid e-mail address for all purchases made at our store. Your privacy is important to us, we will not sell or rent this information to anyone.  You can find more detail on how your information is used in our Privacy Policy (https://www.helioscw.com/privacy-policy).
SECTION 7 – SHIPPING AND DELIVERY
When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with our shipping restrictions. All deliveries of product purchases from this website are made pursuant to a shipment contract. As a result, risk of loss, damage, or delay of products purchased from us pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs. While we strive to meet specified order fulfilment times as quoted, we cannot make any guarantee that your order will be delivered at a specific time, and we do not have any liability for any order delays.
Estimated shipping duration do not reflect product processing and fulfillment times. Shipping and delivery status begins once processing and fulfillment is complete.
SECTION 8 – RETURNS POLICY
ALL SALES ARE FINAL. Helios Creative Works, LLC. extends the right to deny or accept any claims of refund, return, or exchange. Due to the final nature of the sale and the to the intended use of our products, all opened, used, or suspected to be opened, or used items will not be accepted for return or exchanged. However, we are dedicated to the satisfaction of our customers. If you are unsatisfied with your purchase due to a possible manufacturing defect, the product has not been used, and it remains in its unopened original packaging, you may contact a representative at info@helios.com to discuss your purported claim. Please ensure to include your order number and reason for comment in your email. Any products that have been opened, used, or suspected to be opened or used, will not be eligible for refund, exchange, or return under any circumstances. All sales are final.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of our website and any content is at your own risk.  We do not guarantee, represent, or warrant that your use of our website, products, and/or services will be uninterrupted, timely, or error-free. The information, materials, and products are provided “as is” and “as available” without any warranties of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  We do not warrant that the results that may be obtained from the use of the products will be accurate or reliable.
In no case shall Helios Creative Works, LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, interns, service providers, licensors, or other affiliates be liable for any injury, loss, claim, or any direct, incidental, indirect, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of this website or any products procured using the website, or for any other claim related in any way to your use of the website 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 website, products or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We do not and cannot warrant that this website (including any element of it) or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
SECTION 10 - INDEMNITY
You agree to defend, indemnify and hold harmless Helios Creative Works, LLC., its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms of Use or the documents they incorporate by reference.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 – TERMINATION
You or Helios Creative Works, LLC. may suspend or terminate access to our website at any time for any reason.  These Terms of Use are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail to comply with any term or provision of these Terms of Use, 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 offerings.
SECTION 13 - ENTIRE AGREEMENT
These Terms of Use and our Privacy Policy and Additional Terms constitute the sole and entire agreement between you and Helios Creative Works with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.  The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use, Privacy Policy, or Additional Terms shall not be construed against Helios Creative Works.

SECTION 14 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you product or services shall be governed by and construed in accordance with the laws of the State of Colorado.
SECTION 15 - ADDITIONAL ASSISTANCE
Questions about these Terms of Use should be sent to us at info@helioscw.com.