Terms & Conditions

Terms and Conditions

Liability

HeliDirect truly cares about every customer's purchase and we will do our best to assist you with your purchase, answer product questions and help you select the products you need to purchase. As with everything, there are limitations and our limitations are listed below. HeliDirect

Assume no liability for injury, death, property damage, crash damage, damage to aircraft or other accessories caused by radio controlled flight or otherwise.

The end user is responsible for all final decisions regarding their parts selection, component setup and final operation of the aircraft/accessories and assumes all risk and liability associated with flying and/or using items purchased from HeliDirect.

Typographical Errors

If a product is listed at an incorrect price or has incorrect information/images due to typographical error on the website or due to error in pricing or product information received from our suppliers, HeliDirect reserves the sole right to refuse or cancel any orders placed for product at the incorrect price and to correct any pricing errors at its sole discretion.

HeliDirect reserves the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and the order is cancelled, HeliDirect shall immediately refund the full amount to your credit card account. For any product listed on the HeliDirect website, we reserve the right to update, modify or remove information at our sole option.

Credit/Debit Card Authorizations and Charges

All credit/debit card transactions are processed verbally or in writing/documentation upon the cardholder's request and approval. For any refunds made via credit card, please allow 48 hours or more for the refund to be posted to your account. HeliDirect is not responsible for delays in processing time after a refund as this is dependent on the bank associated with the credit/debit card in question.

Copyright/Trademark Information

: All information, whether images, descriptions, text or other intellectual property, is owned by HeliDirect. All HeliDirect trademarks are registered and copyrighted and may not be disseminated or infringed. Any use of images, information, text, products or other items displayed on the HeliDirect online store requires written permission.

Order Acceptance Policy

HeliDirect reserves the right to modify, cancel or refuse any order at any time. For orders placed through our website, whether by phone or online, HeliDirect reserves the right to withhold such order based on a fraud verification service to determine if we are able to release the order based on the verification service used.

Pricing Errors

We do our best to maintain accurate pricing through our website, but if a price listed on our website is incorrect, HeliDirect reserves the right to cancel and refuse any orders for products listed at the incorrect price, or to modify any price at its sole discretion. If an incorrect price is listed at the time of order confirmation, HeliDirect reserves the right to cancel the order and refund the incorrect price as noted.

Battery Safety

Due to the inherent construction of batteries, particularly lithium polymer batteries, the end user assumes full responsibility for the safe use, charging, handling, storage and care of all batteries purchased through HeliDirect. Any damage, fire, injury, death, loss or other condition of any kind is not covered under warranty, and HeliDirect assumes no liability for such malfunction, failure or other condition.

Product Safety

It is the end user's responsibility to establish and understand all safety protocols and warnings when using any product sold through our website, while ensuring the safety of themselves and surrounding people, animals and property. This includes being fully aware of the product being used, being fully informed of all safety and usage information through the manufacturer instructions, safety information and guides, and being aware of all legal aspects related to the product being used (if applicable). HeliDirect

is not responsible for any manufacturer defects or damages caused by use/misuse/abuse of the purchased product. HeliDirect

is not responsible for any injury, damage, loss, death or property damage caused by any product sold through HeliDirect, nor for any losses caused by such failure.

SMS/MMS Mobile Messaging Marketing Program Terms and Conditions

HeliDirect (hereinafter referred to as "we") offers a mobile messaging plan (hereinafter referred to as the "Plan"), and you agree to use and participate in the Plan in accordance with these Mobile Messaging Terms and Conditions and the Privacy Policy (hereinafter referred to as the "Agreement"). By choosing to join or participate in any of our Plans, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in the "Dispute Resolution" section below. This Agreement is limited to the Plan and is not intended to modify other terms and conditions or the Privacy Policy that may govern the relationship between you and us in other circumstances.

1. User Opt-in: The Program allows users to receive SMS/MMS mobile messages by actively opting in to the Program (e.g., through an online or application-based registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to, and you understand that your consent is not required to make any purchases from us. Although you consent to receive messages sent using an autodialer, the foregoing should not be construed to imply or suggest that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data charges may apply. Message frequency varies.

2. User Opt-out: If you do not wish to continue to participate in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any mobile text message we send to opt-out. You may receive another mobile text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as using different spellings or adding additional words or phrases to the commands, and agree that HeliDirect and its service providers are not responsible for failure to honor such requests. You also understand and agree that any other method of opting out, including but not limited to sending text other than those described above or verbally requesting one of our employees to remove you from our list, is not a reasonable method of opting out.

3. Program Description: Without limiting the scope of this Program, users who opt into this Program will receive information about marketing, promotions, payments, deliveries, and sales of Remote Control Models. These messages may include checkout reminders.

4. Fees and Frequency: Text messaging and data charges may apply. You consent to receive text messages on a recurring basis at our discretion. Daily, weekly, and monthly text message frequencies vary. This Program includes recurring mobile text messages and may send additional mobile text messages on a recurring basis based on your interactions with us.

5. SUPPORT INSTRUCTIONS: For support related to the Program, please text "HELP" to the number you received the message from, or email sales@helidirect.com. Please note that opt-outs from the Program using this email address are not acceptable. Opt-out requests must be submitted in accordance with the above procedures.

6. MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send an SMS TM (termination message).

7. Our Disclaimer: The Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to work after your wireless carrier makes changes to products, software, coverage, or other aspects. We are not responsible for any delays or failures in the receipt of mobile messages related to the Program. Delivery of mobile messages is dependent on effective transmission by your wireless service provider/network operator and is beyond our control. Carriers are not responsible for delayed or non-delivered mobile messages.

8. PARTICIPATION REQUIREMENTS: You must have your own wireless device that supports two-way communication, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the services required to participate. Please check your phone features for specific text messaging instructions.

9. Age Limits: If you are under thirteen (13) years of age, you may not use or participate in the Platform. If you are between thirteen (13) and eighteen (18) years of age, you must have the permission of your parent or legal guardian to use or participate in the Platform. By using or participating in the Platform, you acknowledge and agree that you are thirteen (13) years of age or older, or between thirteen (13) and eighteen (18) years of age, and have the permission of your parent or legal guardian to use or participate in the Platform, or have reached the age of majority in your jurisdiction. By using or participating in the Platform, you acknowledge and agree that you are permitted by applicable law in your jurisdiction to use and/or participate in the Platform.

10. Prohibited Content: You acknowledge and agree not to send any Prohibited Content through the Platform. Prohibited Content includes:

Any fraudulent, defamatory, libelous, scandalous, threatening, harassing or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, national origin, disability, sexual orientation or age;

Pirated computer programs, viruses, worms, Trojan horses or other harmful code;

Any product, service or promotion that is illegal at the time of receipt;

Any content that refers to and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

11. Dispute Resolution: If there is a dispute, claim, or controversy between you and us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider that transmits mobile information on our behalf within the Program, whether arising out of or relating to a federal or state statutory claim, a common law claim, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be settled by arbitration in Middletown, Indiana, to the fullest extent permitted by law, by a single arbitrator.

The parties agree to submit disputes to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Unless otherwise provided in this Agreement, the arbitrator shall apply the substantive laws of the federal judicial circuit in which HeliDirect’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after a demand for arbitration is served on a party, the parties must jointly select an arbitrator who has at least five years of experience in that capacity and who is knowledgeable and experienced with the subject matter of the dispute. If the parties fail to agree on an arbitrator within ten (10) calendar days, a party may request that the AAA appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules regarding emergency measures of protection shall apply in lieu of seeking emergency injunctive relief in court. The arbitrator’s decision shall be final and binding, and neither party shall have any right of appeal, except as provided in Section 10 of the FAA. Each party shall bear its share of the arbitrator’s fees and the costs of administering the arbitration; however, the arbitrator shall have the authority to order a party to pay all or part of such fees upon a reasoned award. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by law or the contract. The arbitrator shall not have the authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

The parties agree that each may bring claims against the other in arbitration only in its individual capacity, and not as a plaintiff or class member in any purported class or representative arbitration proceeding. Further, unless the parties otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as otherwise required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal claim. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or cause such term or provision to be invalid or unenforceable in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive even if your agreement to participate in any of our Programs is canceled or terminated.

12. Florida Law: We strive to comply with the Florida Telemarketing Act and the Florida Do Not Call Act applicable to Florida residents. For compliance purposes, you agree that we may assume that you are a Florida resident if (1) the shipping address you provide when you opt-in is in Florida, or (2) the area code of the telephone number used to opt-in is a Florida area code. You agree that if you do not meet any of the above criteria or have not clearly informed us in writing that you are a Florida resident, the requirements of the Florida Telemarketing Act and the Florida Do Not Call Law do not apply to you and you may not claim to be a Florida resident. If you are a Florida resident, you agree that mobile messages we send in direct response to your mobile messages or requests (including, but not limited to, reply keywords, opt-in, help or stop requests, and shipping notifications) do not constitute "telemarketing calls" or "commercial telemarketing calls" within the meaning of Section 501 of the Florida Statutes (including, but not limited to, Sections 501.059 and 501.616), to the extent the law provides otherwise and is applicable.

13. Others: You warrant and represent to us that you have all necessary rights, powers and authorizations to agree to these Terms and to perform the obligations hereunder, and that nothing in this Agreement or the performance of such obligations will constitute a breach of any other contract or obligation by you. The failure of either party to exercise any right under this Agreement will not be deemed a waiver of any right under this Agreement.any other rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to ensure that this Agreement remains in full force and effect and enforceable. Unless otherwise expressly provided in writing, any new features, changes, updates or improvements to the Program shall be subject to this Agreement. We reserve the right to change this Agreement at any time. Any updates to this Agreement shall be notified to you. You acknowledge that it is your responsibility to review this Agreement from time to time and be aware of any such changes. Your continued participation in the Program after any such changes constitutes your acceptance of this Agreement as modified.