Helms College Terms of Use Policy

Please read these terms and conditions of use (the “Terms of Use”) carefully. By accessing or using www.helms.edu
you agree that you have read, understand and agree to comply with and to be bound by the Terms of Use described
below, whether or not you are a registered member of the Sites. These Terms of Use, including the Privacy Notice,
govern your use of the Sites and constitute a legal contract between you, on the one hand, and Helms College
(collectively, “Helms” or “we”), on the other hand.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, PLEASE DO NOT USE THESE SITES.
Helms may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by
such modifications or revisions. If Helms modifies these Terms of Use, Helms will indicate at the top of the Terms of
Use the date these terms were last modified. Your continued use of this Site after any such change constitutes your
acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have
been changes to these Terms of Use and to review such changes. If you do not agree to any of the modified Terms
of Use, please do not use or access the Site.

You affirm that you are either 18 years of age or older, or are accessing the Site with the permission of your parent or
guardian and are fully able and competent to enter into the terms and conditions set forth in the Terms of Use.

These Terms of Use concern only the Sites, and do not concern any other website, including websites to which these
Sites may link.

I. COPYRIGHT/TRADEMARKS
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible,
visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look
and feel of the Site are the intellectual property of Helms or affiliates of Helms, or Helms’ or such affiliates’ licensors
and suppliers. The information and materials are protected by copyright and other intellectual property laws, and all
ownership rights remain with Helms or affiliates of Helms, or Helms’ or such affiliates’ licensors and suppliers, as the
case may be.

HELMS, HELMS COLLEGE and any associated logos and symbols are trademarks or service marks of Helms. All
rights not expressly granted herein are reserved to Helms and its licensors.

II. USE OF SITE
Information obtained via the Site is for your personal use only and may not be further modified, copied, distributed,
framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, disseminated or sold without
Helms’ prior written consent. As a condition of your use of the Site, you represent, warrant and covenant to Helms
that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use
the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s
use and enjoyment of the Site.

Helms makes no claims regarding use of the Site or access to the information and materials outside of the United
States. Access to the Site or the information and materials may not be legal by certain persons or in certain countries.
If you access the Site or the information and materials from outside the United States, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction.

III. TAKE DOWN PROCEDURE
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your
copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital
Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in
writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed or a statement, under penalty of perjury, that you are authorized to act on behalf of such person;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single
Site are covered by a single notification, a representative list of such works on the Site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to
be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) information reasonably sufficient to permit Helms to contact you, such as an address, telephone number, and, if
available, an electronic mail address;
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate.
Helms’ designated copyright agent to receive notifications of claimed infringement is: webmaster@helms.edu. You
acknowledge that if you fail to comply with all of the requirements of this Section IV, your DMCA notice may not be
valid.

IV. LINKS TO THIRD PARTY SITES; FRAMING OF THIRD PARTY SITES
The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens
(“Framed Sites”). The Linked Sites and Framed Sites are not under Helms’ control and Helms is not responsible for
their content, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or
updates to a Linked Site or Framed Site. Helms is not responsible for webcasting or any other form of transmission
received from any Linked Site or Framed Site. Helms provides such links or frames to you only as a convenience,
and the inclusion of any link does not imply endorsement by Helms of the Linked Site or Framed Site or any
association with its operators.

V. SITE SECURITY
You may not tamper with the Site, commit unauthorized intrusion into any part of the Site or use the Site to intrude
into any other site. Acts of interference, including but not limited to, password cracking and denial-of-service attacks
(sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are
prohibited.

VI. DISCLAIMERS
Helms does not warrant the accuracy or completeness of the information, graphics, text, links or other material
contained on the Site, is not responsible for any errors or omissions in the content of the Site, and shall have no
liability for damages of any kind arising out of information on the Site. Helms does not ensure that the Site is free of
viruses or other harmful components. USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
INFORMATION RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL,
FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE.

HELMS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OR COMPLETENESS OF THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE.
ALL SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HELMS AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH
CONTENT INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; WARRANTIES RELATING TO DELAYS,
INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; WARRANTIES RELATING
TO THE TRANSMISSION OR DELIVERY OF THE SITE; WARRANTIES RELATING TO THE ACCURACY OR
CORRECTNESS OF DATA ON THE SITE AND OTHER WARRANTIES RELATING TO PERFORMANCE,
NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF HELMS, ITS AGENTS, LICENSORS, OR
SUPPLIERS.

FURTHERMORE, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO
WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR
REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING
INHERENT RISKS OF THE INTERNET.
VII. LIMITATION OF LIABILITY

IN NO EVENT SHALL HELMS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR HELMS
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HELMS OR ANY OF ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HELMS RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR
TERMINATE YOUR USE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT
BE LIABLE IN ANY WAY FOR THE POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

VIII. GENERAL
You agree to defend, hold harmless and indemnify Helms from any and all liability, claim, loss, damage or expense
arising out of your breach or violation of any representation, warranty or obligation contained in these Terms of Use,
or resulting from your use of the Site. Further, you agree to hold Helms harmless from any claims relating to any
action taken by Helms as part of an investigation into a suspected violation of these Terms of Use or as a result of its
conclusion that a violation of these Terms of Use has occurred.

These Terms of Use are governed by the laws of the State of Georgia, U.S.A. You hereby consent to personal
jurisdiction and venue in Bibb County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the Site
and agree that any dispute or claim raised or made by you against Helms relating to the Site shall be subject to
arbitration before a single arbitrator in said venue in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms of Use, including without limitation this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Helms as a result of your agreement with these Terms of Use or use of the Site. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms of Use as revised shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Helms with respect to the Site and the information provided via the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Helms with respect to the Site.

IX. REPORTING VIOLATIONS; ENFORCEMENT If you wish to report any violations of these Terms of Use may contact Helms via e-mail: webmaster@helms.edu. Helms has the sole right to initiate an investigation into any alleged infringements, in its sole and exclusive discretion. Helms may, at its sole discretion, pursue other remedies, or, if such violation is a criminal offense, Helms may notify the appropriate law enforcement agency of such violation.

X. PRIVACY POLICY Please read our Privacy Policy carefully to understand what we do with the personal information that we collect as part of your interaction with the Site.

XI. CONTACT Any comments, requests or other communications should be directed to: webmaster@helms.edu.

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Terms of Use was last modified: May 5th, 2017 by banglea