Terms of Service

____________________

TERMS OF SERVICE


Last Updated: [February 4th 2025]


Heliumdeploy provides an online marketplace that allows visitors to purchase mining hardware (hereinafter referred to as “Services” or “Service,” which includes the mining hardware and products) for, among other uses, to reach certain crypto networks (“each a “Network”). Visitors may include, without limitation, vendors, customers, affiliates, merchants, partners, and any person using the Service and/or purchases mining hardware (together hereinafter referred to as “Users” or “you”) at heliumdeploy.com and other sites referenced below (collectively the “Site”). The Service and the Site may be collectively referred to herein as the “Platform.” The Services are owned and operated by Next Conception Inc (hereinafter referred to as the “Company” or “us”). Hereinafter each Party may be referred to as a “Party” and collectively as the “Parties.”


Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (hereinafter referred to as the “Terms”), our Privacy Policy and all posted terms. 

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE, AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF USE.

Updates to Terms of Service; Integration. 

In our sole discretion, we may modify the Terms of Service by posting a notice on the Terms of Service page. The "Last Updated" date at the top of the Terms of Service indicates when the latest modifications were made to the TOS. By continuing to access and use the Service, You agree to any such changes. Therefore, You are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review these Terms of Service periodically and check the "Last Updated" date at the top of the Service for the most recent version. In addition, when using services or features on the Site, You will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

Translation. 

We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with the Company, and any inconsistencies among the different versions will be resolved in favor of the English version.

Service Availability. 

The Service may be modified, updated, interrupted, suspended, or discontinued at any time, in the Company's sole discretion, without notice or liability. It may also be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades, or force majeure events.

The Company reserves the right, at any time, in its sole discretion, to modify, temporarily, or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User. 

The Company will have no liability whatsoever for any losses, liabilities, or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof. 

Privacy Policy. 

Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of these Terms of Service. Please review our Privacy Policy carefully. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy. These Terms also apply to Company related sites, including without limitation, Discord server, e-mail communications, Newsletter, Twitter, Instagram, Facebook, LinkedIn, moken.io, tracker.moken.io, heliumdeploy.com and explorer.moken.io

Age. The Service is meant for those at least eighteen (18) or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age violates these Terms.

Intellectual Property. 

You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “IP”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to IP not expressly granted in these Terms of Service are reserved to their respective copyright owners. 

Subject to these Terms, the Company grants you a limited, non-transferable, non-exclusive, revocable, non-sublicensable license to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through these Terms of Service or otherwise. 

The Company authorizes you to view, download, and/or print the IP provided that you keep all copyright and other proprietary notices contained in the original IP intact. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works, or otherwise use any of the IP in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the IP in any way or otherwise use it for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point for any reason. The Company reserves the right to fully enforce its intellectual property rights under United States and international law.

Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, sponsor, or endorse the Service.

Third-Party Operators and Websites. 

If we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider”), including advertisements, which may consist of products, goods, services, or information offered therein, these links are provided only for convenience. If you click through using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party Provider. You agree that the Company, its parents, subsidiaries, and other affiliated companies, and their respective officers, directors, employees, agents, and other representatives (collectively, the "Company Parties”) will not be responsible or liable for any content, products, goods, services, or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider.

You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our Site, might contain material or information: 

(i) that some people may find offensive or inappropriate. 

(ii) that is inaccurate, untrue, misleading, or deceptive, or,

(iii) that is defamatory, libelous, infringing on others' rights, or otherwise unlawful. 

We expressly disclaim any responsibility for the Content, legality, decency, or accuracy of any information and for any content, products, goods, services, or information that appear on any Third-Party Provider website or in advertisements or Content that a Third-Party Provider may have listed or offered on our Site.

Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties, or representations associated with such matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be expressed herein, using the Service, and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the Content, products, goods, services or information of a Thirty-Party Provider.

The terms in this section shall apply to the failure of a Network to be available, before or after you receive the product, as further explained in the Warranties, Disclaimers, and Limitations of Liability section herein.

Use of the Service

You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:

  • provide true, accurate, current, and complete information about yourself and your Company, if applicable, as prompted by the Service. 

  • as permitted, maintain, and promptly update such information. If you provide any information that is false, inaccurate, or outdated, or the Company has reasonable grounds to suspect that such information is false, inaccurate, or obsolete, the Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you.

  • that your account is for your personal and/or business use. You may not resell the Service, and

  • by creating an account, you agree to receive certain communications in connection with the Service.

You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities under your account. Your account is meant to be private, and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other security breach. You agree to be responsible for all charges resulting from using your account via the Service, including charges resulting from unauthorized use of your account.

You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. 

You agree to use the Service only for lawful purposes, and you are responsible for your use of communications and Content, which you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others' intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User's use of the Service.

You may not do any of the following while accessing or using the Service: 

  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers. 

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures. 

  • access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that we provide, unless you have been specifically allowed to do so in a separate agreement with us. 

  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information.

  • disrupt or interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.

  • use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service, or

  • access the Service by any means except through the interface provided by the Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the Company's prior authorization is prohibited. Running or displaying the Service or any information or material displayed via the Service in frames or through similar means on another website or application without the Company's prior authorization is prohibited. Any permitted links to the Service must comply with all applicable laws, rules, and regulations.

Furthermore, you herein agree not to make use of the Services for:

  • uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful and/or racially, ethnically, or otherwise objectionable.

  • causing harm to any minor in any manner whatsoever.

  • impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.

  • forging captions, headings, or titles or otherwise offering any content that you personally have no right to under any law nor have any contractual or fiduciary relationship with.

  • uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.

  • uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to provide under any law or in accordance with any contractual or fiduciary relationship.

  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose.

  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment.

  • disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real time interactions.

  • interfering with or disrupting any of the Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers.

  • intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, any securities rules, regulations, or laws of any nation or other securities exchange, and any regulations having the force of law.

  • providing informational support or resources, concealing, and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" by Section 219 of the Nationality Act.

  • stalking or with the intent to otherwise harass another individual; and/or,

  • collecting or storing any personal data relating to any other User in connection with the prohibited conduct and/or activities outlined in the paragraphs above.

Your use of the Service is at your own risk, including the risk of being exposed to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate Content.

The Company makes no representation that Content contained, described, or offered via the Service is accurate, appropriate, or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable laws. You agree that you will not access the Service from any territory where its material or other Company posted Content (hereinafter collectively referred to as "Content") or User Content (as defined below) is illegal and that you, and not the Company Parties, are responsible for compliance with applicable law.

User Content

“User Content” means any information and Content that a User uploads, submits, or uses with the Services. You may choose to enter this information manually or, where available, synchronize it with a third-party website. The Company does not verify the accuracy or completeness of User Content, and it may, therefore, be subject to errors.

You are solely responsible for your User Content. You assume all risks associated with using your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service.

The Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

At our discretion, we may have no obligation to pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability, or damage you may incur due to our removing or refusing to publish User Content.

By posting User Content to the Site, you agree that (i) your User Content does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (iii) we may have something similar to the User Content already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Content, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content.  

Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback.

Term and Termination

Subject to this Section, the Terms herein will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Service in violation of these Terms.

Upon termination of your rights under these Terms, your account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve the deletion of the User Content associated with your account from our live databases.

The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your information. You may terminate your use of the Company Service at any time.

User Representations. 

You expressly acknowledge, represent, warrant, and agree that you understand: 

The information provided on this Site is for general informational purposes only. It is not intended to constitute financial, legal, or accounting advice. The Company Parties are not investment advisors, financial advisors, attorneys, or accountants, and we do not offer professional services in these fields.

Nothing on this Site, nor any other communication, should be interpreted as financial, legal, or accounting advice. The Content is not tailored to any individual's specific circumstances and should not be relied upon for making financial decisions, legal determinations, or accounting choices. The Company does not provide investment advice, endorsements, opinions as to the value of securities and cryptocurrencies, the advisability of purchasing or mining any securities or cryptocurrencies, analysis, or recommendations with respect to any securities or cryptocurrencies, or of any transactions listed on the Site.

The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and is not guaranteed to produce results.

The Company does not warrant or guarantee the suitability or availability of any materials or Content, including any data or Services found through the Service. 

Company does not screen the authenticity or quality of any material or Content or any provider of material or Content, including data or Services found through the Service.

You are of legal age to form a binding contract and are at least eighteen (18) years of age, or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service.

Indemnification  

You agree to indemnify, defend, and hold harmless the Company Parties against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Service, your breach of this Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

You hereby release and forever discharge the Company Parties from, and hereby waive and relinquish, every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service, including any interactions with, or act or omission of, other Service Users or any Third-Party sites, including but not limited to: (i) your use of the Service, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the Company's written consent. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Warranties, Disclaimers, and Limitations of Liability. 

You expressly understand and agree that:

Your use of the Service is at your sole risk. The Service and the associated materials and Content are provided on an "as is" and "as available" basis. The Company Parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, the Company Parties make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Service will be accurate or reliable; (iv) the quality of any products, Services, information or other materials, including all merchandise, Products, goods or services, obtained or purchased by you directly or indirectly through the company Service will meet your expectations or needs; and (v) any errors in the Service will be corrected. If a Network is not available, before or after you receive a product (each a “Failure”), and the Failure or the continuing Failure affecting the Service is attributed to a third party (and not the Company) such Failure falls outside the control and responsibility of the Company and the Company shall not be liable for your inability to reach a Network.   

The Company Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Service; (v) for any disputes between Users of the Service or between a User of the Service and a Third Party; or (vi) for any other matter relating to the Service or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the Company Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The Products, information, and services offered on and through the Service would not be provided to you without such limitations.

The Company Parties shall not under any circumstances be liable for any damages arising out of, or in connection with, or relating to the actions and activities of any third-party contractors and suppliers of services we may engage to provide you with services or Products.

Notwithstanding the foregoing, the sole and entire maximum liability of the Company Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to the Company via the Service, if any, for Services provided solely and directly by Company to you during the one (1) month since the cause of action arose.

You agree that regardless of any statute or law to the contrary, any claim you may bring must be filed within one (1) year after the cause of action occurred, or it will be permanently barred.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Purchases and Payments

Purchase of Services. Your contract for the purchase of Services is completed once you confirm your purchase, and performance of this contract begins as soon as the purchase is complete. 

Pricing. Pricing and availability of all Services for sale displayed through the Site are subject to change at any time before you click the button indicating that you want to purchase such Services. The Company does not offer any refunds under any circumstances, as further explained in the Warranties, Disclaimers, and Limitations of Liability section herein.

Payment Processing Methods. The Company may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third-party payment processors that govern your use of a given payment processing method. The Company may add or remove payment processing methods at its sole discretion and without notice. Once your purchase is complete, the Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service. 

Digital Millennium Copyright Act ("DMCA") NOTICE

The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removing the allegedly infringing materials and terminating access for repeat infringers of copyright-protected Content.

Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

(i) A description of the copyrighted work or other intellectual property that you claim has been infringed.

(ii) A description of where the material that you claim is infringing is located on the Site.

(iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing Party, if not us, can contact you.

(iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law.

(v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf, and

(vi) Your electronic or physical signature.

We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

Under 17 U.S.C. 512(c). the Company’s designated Copyright Agent is:

[Marc Brunet-Ratnasingham] 

[514-570-1585]

{marcus@heliumdeploy.io]


Dispute Resolution. 

Governing Law, Venue. These Terms shall be governed by and construed in accordance with the internal laws of the province of Quebec, Canada applicable to agreements made and to be performed in the province of Quebec. Any legal suit, action, or proceeding arising out of or based upon these Terms or the transactions contemplated hereby (“Related Proceedings may only be instituted in the courts of the city of Quebec City (collectively, the "Specified Courts"). Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of any process, summons, notice, or document by mail to such Party's address shall be effective Service of process for any suit, action, or other proceeding brought in any such court. The Parties irrevocably and unconditionally waive any objection to the laying of the venue of any suit, action, or other proceeding in the Specified Courts and irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such suit, action or other proceeding brought in any such court has been brought in an inconvenient forum. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS IS LITIGATED OR HEARD IN ANY COURT.

Attorney Fees.

In the event that any dispute between the Parties should result in litigation or arbitration, the prevailing Party in such dispute shall be entitled to recover from the other Party all reasonable fees, costs, and expenses of enforcing any right of the Prevailing Party, including without limitation, reasonable attorneys' fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment and an award of prejudgment interest from the date of the breach at the maximum rate allowed by law. For this Section: (a) attorney fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions, (2) contempt proceedings, (3) garnishment, levy, and debtor and third-party examinations, (4) discovery, and (5) bankruptcy litigation; and (b) "Prevailing Party” shall mean the Party who is determined in the proceeding to have prevailed or who prevails by dismissal, default or otherwise.

Miscellaneous. 

Company is and shall remain an independent contractor of User, and nothing contained in these Terms shall be deemed to create an employer/employee, principal/agent, partnership, or joint venture relationship between the Parties. These Terms constitute the entire agreement between the Parties and contain all of the agreements between the Parties concerning the subject matter hereof; these Terms supersede any other agreements, either oral or in writing (including any interim agreements executed by the Parties), between the Parties hereto with respect to the subject matter hereof. No change or modification of these Terms shall be valid unless the same is in writing and signed by both Parties. All notices and other communications hereunder shall be in writing. They shall be deemed given on delivery if delivered personally or sent by facsimile transmission with electronic confirmation or four (4) business days following such notice being sent if mailed by registered or registered, postage prepaid, to the other Party at the addresses as last reported to the other Party. Neither Party will have the right to assign, pledge, or transfer all or any part of these Terms without the prior written consent of the other. If any provision of these Terms is held by a competent court to be invalid or unenforceable under applicable law, then such provision shall be severed from these Terms, and the remainder of these Terms shall be interpreted as if such provision were so severed and shall be enforceable in accordance with its terms. Those provisions of these Terms, which by their nature should survive termination, and all accrued and unpaid obligations arising hereunder, shall survive the expiration or termination of these Terms for any reason. No delay or omission by either Party to exercise any right or power it has under these Terms shall impair or be construed as a waiver of such right or power. A waiver by either Party of any covenant or breach shall not be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the Party waiving its rights. The paragraph headings of these Terms are inserted for convenience only and shall not constitute a part of these Terms to construe or interpret any provision hereof. Whenever the context requires, words used in the singular shall be construed to include the plural, and vice versa, and pronouns of any gender shall be deemed to include and designate the masculine, feminine, or neutral gender. These Terms shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in these Terms, express or implied, is intended to confer upon any Party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided. Each Party shall use all reasonable efforts to take all actions necessary or desirable to consummate and make effective the transactions these Terms contemplate or to evidence or carry out the intent and purposes of these Terms.

Customer Service. If you have any comments or questions regarding these Terms or wish to report any violation, please contact us at marcus@heliumdeploy.io.