updated 12- 9- 2019
The following terms and conditions (referred to as both the “Terms and Conditions” and/or the “Agreement”) apply to the Deck Helmet Inc website (www.DeckHelmet.com) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms and Conditions appear or are linked (collectively, the “Site”). DeckHelmet.com provides its services to you (the “Customer”) subject to this Agreement. By using the Site, you agree to the Terms and Conditions. If you do not accept this Agreement and agree to these Terms and Conditions, then you may not use the Site.
Who We Are
As used in this Agreement, and on the Site, “DeckHelmet.com, Deck Helmet Inc, Deck Replacement Site, and We” refers to Deck Helmet Inc with headquarters located at
4938 Hampden Lane #235 Bethesda Maryland 20814. All content held on this website is the exclusive property of Deck Helmet Inc
Changes to This Agreement
Deck Helmet Inc reserves the right, at any time, to modify or update the terms of this Agreement, upon notice to the Customer in writing to the last address supplied by the Customer, by email, or posting on the site or by any other reasonable means of communication. Deck Helmet Inc also reserves the right, at any time, to modify or update its Privacy & Security Statement by using the same procedures. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
You may be required to register with Deck Helmet Inc in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Deck Helmet Inc, Deck Helmet Inc reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Governing Maryland Law and Dispute Forum/Jury
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN STATE OF MARYLAND , MONTGOMERY COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH Deck Helmet Inc AND CUSTOMER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
License and Access
Deck Helmet Inc grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Deck Helmet Inc and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Deck Helmet Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Deck Helmet Inc without express written consent. You may not use any meta tags or any other “hidden text” utilizing Deck Helmet Inc name or trademarks without the express written consent of Deck Helmet Inc. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by Deck Helmet Inc terminate if you do not comply with this Agreement and/or any other Site Terms & Conditions.
Purpose of Sales
All sales of products by Deck Helmet Inc are limited to personal use and may not, without the express prior written approval of Deck Helmet Inc, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Deck Helmet Inc , or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of Deck Helmet Inc or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Deck Helmet Inc and is protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Deck Helmet Inc or its licensors. Deck Helmet Inc trademarks and trade dress may not be used in connection with any product or service that is not Deck Helmet Inc’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Deck Helmet Inc. All other trademarks not owned by Deck Helmet Inc that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Deck Helmet Inc.
General Disclaimer – All Products
Deck Helmet Inc does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. Deck Helmet Inc shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
All materials and information presented by Deck Helmet Inc on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
In providing product information to its customers, Deck Helmet Inc relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
Deck Helmet Inc cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY Deck Helmet Inc ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM Deck Helmet Inc ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
Any conduct by a person that in Deck Helmet Inc ‘s sole discretion restricts or inhibits any other person from using or enjoying the Site is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Posts, and Other Submissions
You may submit, post, or otherwise make available reviews, comments, feedback, suggestions, questions, photos, videos, and other content on or through the Site (collectively, “Comments”) as long as your Comments do not contain any Prohibited Content. “Prohibited Content” means Content that:
- is threatening, defamatory, hateful, harassing, abusive, or obscene;
- violates the right of privacy or right to publicity;
- is false, deceptive, or otherwise misleading;
- infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
- contains any software virus or other malware;
- includes any commercial or political solicitation;
- violates any local, state, or federal law or regulation;
- impersonates another person or entity;
- includes any advertisement, pyramid scheme, or other “spam;” and/or
- is otherwise objectionable or non-family-friendly as determined by Deck Helmet Inc in its sole discretion.
Although Deck Helmet Inc cannot monitor all Comments, Deck Helmet Inc reserves the right (but not the obligation), in its sole discretion, to remove or edit any Comment that appears on the Site for any reason and at any time. Nevertheless, you are solely responsible for any Comments you submit, post, or otherwise make available on or through the Site, and you agree to indemnify Deck Helmet Inc for all claims resulting from any such Comments. Deck Helmet Inc has no obligation (1) to maintain any Comment in confidence; (2) to pay any person any compensation for any Comment; or (3) to respond to any Comment.
Deck Helmet Inc does not claim ownership of any Comment. However, you agree that Deck Helmet Inc is free to use any Comment for the purpose of providing you and others with the use of the Site, with associated products and services, and with Deck Helmet Inc’s (and its successors’ and assigns)’ business. You grant Deck Helmet Inc a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant Deck Helmet Inc the right to use the name and any other identification information that you submit, post, or otherwise make available in connection with the Comment.
You represent and warrant that:
- you own or otherwise control all of the rights to any Comment;
- use of any Comment supplied by you will not violate this Agreement; and
- the Comment will not cause injury to any person or entity.
Deck Helmet Inc takes no responsibility and assumes no liability for any Comment or other content posted by you or any third party.
Deck Helmet Inc respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Deck Helmet Inc’s policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to Deck Helmet Inc’s Copyright Agent (listed below).
Please provide the following information in your notification:
- (1) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
- (2) A description of the copyrighted work(s) that you claim has been infringed;
- (3) A description of the location on the Site of the material that you claim to be infringing;
- (4) Your address, telephone number, and email address;
- (5) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (6) A statement by you, made under penalty of perjury, that the information in your notification to Deck Helmet Inc is accurate and that you are authorized to act on behalf of the copyright owner.
Deck Helmet Inc Copyright Agent can be reached as follows:
- Deck Helmet Inc
- 4938 Hampden Lane # 235 Bethesda Maryland 20814
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Deck Helmet Inc’s policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with Deck Helmet Inc Copyright Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to Deck Helmet Inc’s Copyright Agent that includes the following:
- Your physical or electronic signature;
- A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, Deck Helmet Inc may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in Deck Helmet Inc’s sole discretion.
Termination of Usage
Deck Helmet Inc may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of the Site, without notice, for any conduct that Deck Helmet Inc , in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Deck Helmet Inc .
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). Deck Helmet Inc is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
Deck Helmet Inc permits certain third party links to the home page of its site, provided that Deck Helmet Inc is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the Deck Helmet Inc.com home page without the prior written consent of Deck Helmet Inc and Deck Helmet Inc reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
SMS Terms and Conditions
By texting 818818 Deck Helmet Inc from your mobile phone, You agree to receive recurring messages from Deck Helmet Inc on your mobile phone. Consent is not a condition of purchase.
Reply STOP to 818818 cancel or HELP for help.Customer Service: 866-983-8582. Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages.
Mobile Service, Internet and Service Fees
The following section applies to users of Deck Helmet Inc ‘s mobile application (the “Application”): The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Deck Helmet Inc , your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. Deck Helmet Inc makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Deck Helmet Inc and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Deck Helmet Inc without need of further notice and shall not be part of this Agreement or in any way binding upon Deck Helmet Inc .
Acceptance of This Agreement and of Amendments and Modifications Thereof
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Deck Helmet Inc on the Site, which shall be the entire agreement of the parties with regard to the use of the Site. Amendments or other modifications to this Agreement may, from time to time, be made by Deck Helmet Inc sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact Deck Helmet Inc as follows:
Deck Helmet Inc
4938 Hampden Lane # 235
Bethesda, MD 20814
Attn: General Counsel
Deck Helmet Inc Messenger Terms
General Program Terms
By providing my mobile number to the Program, I agree to receive up to 12 autodialed marketing text messages from the Program each time my device accesses the Deck Helmet Inc Wi-Fi Service. Consent is not a condition of purchase. Text STOP to 818818 to remove your mobile number from the Program. You may receive one additional message confirming that your opt out request has been processed. . There is no additional charge for participating in the Program.However, message and data rates may apply. Check with your carrier for the details of your plan. Deck Helmet Inc and its service providers are not liable for delayed or undelivered messages.