Helm Track is owned and operated by New Wave Media, Int'l. These are the terms and conditions for: https://helm-track.com By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the word "website" refers to the Helm Track website, "we", "us", "our" and "Helm Track" refer to Helm Track and "you" and "user" refer to you, the Helm Track user. The following terms and conditions apply to your use of the website. This includes the mobile and tablet versions, as well as any other versions of Helm Track accessible via desktop, mobile, tablet, social media or other devices. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
This agreement sets forth the legally binding terms for your use of Helm Track. By registering and using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use Helm Track after such modification is posted; therefore, it is important that you review this agreement regularly. If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to these terms. Accordingly, all references in these terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately. The services are not directed to persons under the age of 13 without the permission of their parents or legal guardians. Helm Track does not knowingly collect information from persons under the age of 13 without the permission of their parents or legal guardians. If you are under the age of 13, do not submit any personal information about yourself to Helm Track unless you have proper authorization from your parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship. You represent and warrant that your use of the website and services does not violate any applicable law or regulation. Helm Track may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions. By using the website and services, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
Users may register on the website by choosing and providing additional information such as email address and phone number. The registration data will also be used for two-factor authentication. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Helm Track of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Helm Track’ prior authorization. Helm Track will not be liable for any loss or damage arising from your breach of this agreement. Users can cancel their accounts at any time and for any reason through the account settings on the website. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Helm Track. Helm Track reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Helm Track believes that you have violated any of these terms, provided Helm Track with false or misleading information, or interfered with any other party's use of the website.
By providing Helm Track with your email address, you agree that we may use your email address to send you notifications about Helm Track. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that Helm Track has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Helm Track provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
Helm Track grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the website provided to you by Helm Track as part of the Services. This license is for the sole purpose of using the functionality available on the website such as the Audience Builder, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission. The user agrees not to use the website and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Helm Track website or third parties. Helm Track reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Helm Track believes that you have violated any of these terms or interfered with the use of the website or service by others.
Users voluntarily and without payment agree to install a radio receiver and all necessary hardware, gather data, and transmit it to the Helm Track services server. Users are free to install an AIS receiver, gather data, and send it to Helm Track in order to take part in the network of receiving stations. Users have the option to discontinue sending this information at any time. Real-time data delivery to Helm Track is required. On the AIS system's established public radio channels, data must be transmitted unaltered and exactly as it was picked up by the AIS receiver. Sending delayed, altered, manipulated, or invented data is strictly prohibited because doing so would present an inaccurate and deceptive picture of the whereabouts of the vessels. Users who provide this information recognize and agree that Helm Track is free to store, perform statistical or other analyses, exchange data with outside sources, and otherwise process and use the data in any way that is appropriate. In rare instances, we might give you the tools you need to install a radio receiver and submit the information to Helm Track. An agreement with special conditions is necessary.
Helm Track software, services and content are provided "as is" and "as available" without express or implied warranties as to their fitness for any particular use, merchantability or non-infringement.
Helm Track provides no guarantees that the website's pages, services, features, functionalities, options, and material will be available without interruption or errors, or that any faults will be fixed. Despite our best efforts, Helm Track does not guarantee that the Web Site or the servers that make them available are free of viruses or other dangerous elements.
Helm Track is not liable for any indirect, incidental, special, punitive or consequential damages, lost profits or other economic losses resulting from your use of the website.
Through the website, Helm Track may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, Helm Track does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the website serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
All Helm Track materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Helm Track or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all Helm Track Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of Helm Track. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Helm Track or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
Helm Track will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Helm Track respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Any personal information you provide in connection with your use of the website will be used in accordance with our privacy policy. Please refer to our privacy policy.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Helm Track or licensed to Helm Track by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
The information and data provided through the use of the website shall only be used by the user for internal purposes. The user shall have no other rights in relation to the data or information provided through the website, including, without limitation, the right to use, distribute, supply or resell the data or any part or derivative thereof, unless otherwise provided. The data may not be used by the user for any illegal activity or in any way that violates the rules. Except as expressly permitted by these terms, you may not copy, reproduce, republish, repost, repost, recompile, redistribute, decompile, disassemble, reverse engineer, distribute, post, display, modify, upload, post, transmit, create derivative works from, or otherwise exploit the content of the data to deceive or mislead users about sponsorship or affiliation.
Due to the nature of the Internet, Helm Track provides and maintains the website on an "as is," "as available" basis and does not promise that use of the website will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control. Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law. You shall be liable for any breach of these terms by you and, if you use the website in breach of these terms, you shall be liable for and shall reimburse Helm Track for any loss or damage caused as a result. Helm Track shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or uncontrollable events of nature. These conditions do not affect your statutory rights as a consumer, which are available to you. Subject to the foregoing, and to the maximum extent permitted by law, Helm Track excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Helm Track of, and Helm Track shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
Helm Track will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
Due to the nature of the Internet, Helm Track provides and maintains the website on an "as is," "as available" basis and does not promise that use of the website will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the website in breach of these terms, you shall be liable for and shall reimburse Helm Track for any loss or damage caused as a result.
Helm Track shall not be liable for any amount for breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or uncontrollable events of nature.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, Helm Track excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Helm Track of, and Helm Track shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
· Any incorrect or inaccurate information on the website.
· Infringement by any person of any Intellectual Property Rights of any third party caused by your use of the website.
· Any loss or damage resulting from your use of or inability to use the website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
· Any loss of profits, wasted expenditure, corruption or destruction of data or any other loss that does not arise directly from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content on the website or by transmissions through e-mails or attachments received from Helm Track.
· All representations, warranties, conditions and other terms that would, but for this notice, be in effect.
Helm Track will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
Through your use of the website and services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where Helm Track provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Helm Track is in no way responsible for such third-party websites.
You agree to defend and indemnify Helm Track from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
We may change the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Helm Track without restriction.
This agreement, together with the privacy policy and any other legal notices posted by Helm Track, shall constitute the entire agreement between you and Helm Track and shall govern your use of the website.
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between you and Helm Track, provided that each party retains the right to bring an individual action in a court of competent jurisdiction. In the event a dispute arises in connection with your use of the website or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Helm Track may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website. The courts of the United States, specifically the courts located in the State of New York, shall have jurisdiction over any dispute, controversy or claim relating to Helm Track and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of New York.
Although the use of our website is available worldwide, these terms and conditions are governed by the laws of the United States. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or collected by us in connection with such use. If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future. Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms, please contact us through our contact form or by using the contact information below:
Helm Track.
Email: support@helm-track.com