Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to A&P HeliGear!

The terms "we," "us," and "our" refer to A&P HeliGear. A&P HeliGear operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services").

A&P HeliGear is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, our Refund Policy, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service, our Refund Policy, and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products and services in our online stores.

However, colors, finishes, dimensions, proportions, and product appearance may vary slightly from how they appear on your screen due to device settings, manufacturing variations, photography, lighting, and other factors.

Such minor variations do not constitute a defect or create a right of return or exchange under our Refund Policy.

Nothing in this section limits any rights or remedies available where an item is materially different from what was ordered or advertised, is defective, damaged, incorrectly supplied, or where a remedy is otherwise required by applicable law.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. A&P HeliGear reserves the right to accept or decline your order for any lawful reason at its discretion.

Your order is not accepted until A&P HeliGear confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Because our sales are generally final, A&P HeliGear may be unable to accommodate cancellation requests after an order has been accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

ALL SALES FINAL

Unless otherwise required by applicable law or expressly provided in our Refund Policy, ALL SALES ARE FINAL. WE DO NOT ACCEPT VOLUNTARY RETURNS OR EXCHANGES.

Your purchases are subject to returns, refunds, replacements, exchanges, or other remedies solely in accordance with our Refund Policy and applicable law.

Our All Sales Final policy does not limit legally required remedies relating to defective, damaged, materially misdescribed, incorrectly supplied, or otherwise legally qualifying merchandise.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms.

If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern with respect to that promotion, except that no promotion shall create a right of return, refund, or exchange unless expressly stated in the promotion or required by applicable law.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores.

You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

The credit card or payment information you provide is true, correct, and complete;
You are duly authorized to use the payment method provided;
Charges incurred by you will be honored by your credit card company or payment provider; and
You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery dates and times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, weather, events outside our reasonable control, or other circumstances for which we are not legally responsible.

Please inspect your order promptly upon delivery.

If an item arrives damaged, is missing, or you receive the wrong item, contact us at mary@aphelicopters.com as soon as reasonably possible and retain the product, packaging, shipping carton, labels, and packing materials while we evaluate the claim.

Claims relating to shipping damage, loss, incorrect merchandise, or other delivery issues will be handled in accordance with our Refund Policy and applicable law.

Do not return or ship any product to us without first receiving authorization and shipping instructions.

Nothing in this section limits any right or remedy that cannot legally be waived under applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by A&P HeliGear, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as otherwise permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of A&P HeliGear, Shopify, or any third party.

Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by A&P HeliGear.

A&P HeliGear's names, logos, product and service names, designs, and slogans are trademarks of A&P HeliGear or its affiliates or licensors. You must not use such trademarks without the prior written permission of A&P HeliGear.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement, subject to applicable law.

We shall have no liability arising from or relating to your use of optional third-party tools to the fullest extent permitted by applicable law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the fullest extent permitted by applicable law, we are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

A&P HeliGear is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with A&P HeliGear.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and A&P HeliGear, including any injury, damage, or loss resulting from purchased products and services.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with A&P HeliGear.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have had an opportunity to review these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside.

Please review our Privacy Policy for more information regarding how we, Shopify, and our service providers process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

You own or have all necessary rights to all Feedback;
You have disclosed any compensation or incentives received in connection with your submission of Feedback; and
Your Feedback will comply with these Terms.

Except where otherwise required by law, we are under no obligation to:

Maintain your Feedback in confidence;
Pay compensation for your Feedback; or
Respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or violates another party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and its accuracy. To the fullest extent permitted by applicable law, we take no responsibility and assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted your order, subject to applicable law.

If we cancel an order after payment has been collected and no product or service will be provided, any amounts due to be returned to you will be handled in accordance with applicable law and our payment-processing procedures.

Nothing in this section eliminates any remedy available under our Refund Policy or applicable law when merchandise delivered to a customer is materially different from what was ordered or advertised.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) For any unlawful or malicious purpose;

(b) To violate any international, federal, state, provincial, or local regulations, rules, laws, or ordinances;

(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;

(e) To transmit false or misleading information;

(f) To knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;

(g) To transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;

(h) To impersonate or attempt to impersonate another person or entity; or

(i) To engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm A&P HeliGear, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to:

(a) Upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services;

(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services except as expressly authorized by us;

(d) Spam, phish, pharm, pretext, or otherwise engage in deceptive online practices;

(e) Use robots, spiders, scraping tools, data-gathering and extraction tools, automatic devices or processes, AI tools, agentic AI, or other automated or manual means to access the Services in violation of these Terms or technical restrictions we lawfully impose; or

(f) Interfere with, bypass, or circumvent security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account or access to the Services if we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 - AGENTS

14.1

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements in Section 14.4 below.

In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3

We may limit, including by technical measures, whether and how an Agent accesses, uses, and interacts with the Services.

14.4

Agents must:

In HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]";
Not conceal or obfuscate that access, use, or interactions are from an Agent, including by mimicking human behavior and interaction patterns or circumventing CAPTCHAs or measures intended to distinguish computer use from human use;
Respond truthfully to questions or prompts seeking to determine whether interactions are coming from a human or computer; and
Not circumvent or avoid measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion, subject to applicable law.

You will remain liable for all amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination to the extent applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not warrant that all website information will at all times be complete, current, or error-free.

Except for warranties expressly provided by A&P HeliGear or a product manufacturer, and to the fullest extent permitted by applicable law, the Services, including website functionality and optional online features, are provided on an "as available" basis without warranties regarding the uninterrupted availability or operation of the Services.

PRODUCT WARRANTIES AND ALL SALES FINAL POLICY

Our All Sales Final / No Returns or Exchanges policy relates to voluntary returns and exchanges.

Our All Sales Final policy does not mean that products are sold "as is" or "with all faults" unless a particular product is separately and expressly identified and sold on that basis in a manner permitted by applicable law.

Nothing in these Terms or our Refund Policy is intended to disclaim, waive, restrict, or limit any warranty, remedy, or consumer right that cannot legally be disclaimed, waived, restricted, or limited under applicable law.

Claims involving products that are defective, damaged, materially different from what was ordered or advertised, incorrectly supplied, or otherwise subject to a legally required remedy will be handled in accordance with our Refund Policy, applicable warranties, and applicable law.

Except to the extent prohibited by applicable law, we do not warrant that use of the website or Services will be uninterrupted, timely, secure, or error-free.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A&P HELIGEAR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

THIS LIMITATION APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANOTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR LIMITS LIABILITY OR A REMEDY TO THE EXTENT THAT SUCH LIABILITY OR REMEDY CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR LIMITED.

Nothing in this Section 17 alters the remedies expressly available under our Refund Policy for damaged, defective, materially misdescribed, incorrectly supplied, or otherwise legally qualifying merchandise.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless A&P HeliGear, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or third-party claims, including reasonable attorneys' fees, arising out of:

Your breach of these Terms of Service or documents incorporated into them by reference;
Your violation of applicable law or the rights of a third party; or
Your misuse of the Services.

We will notify you of an indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced.

To the extent permitted by applicable law, we may control the defense and settlement of an indemnifiable claim, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT; REFUND POLICY

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services, including our Refund Policy and Privacy Policy, constitute the agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the same subject matter, whether oral or written, including prior versions of these Terms of Service.

REFUND POLICY CONTROLS RETURN AND REFUND MATTERS

If there is any conflict between these Terms of Service and our Refund Policy concerning:

Returns;
Exchanges;
Refunds;
Damaged merchandise;
Defective merchandise;
Incorrectly supplied merchandise;
Missing merchandise;
Return authorization;
Return shipping; or
Related remedies,

our Refund Policy will control with respect to those matters, subject in all cases to applicable law.

For clarity, our Refund Policy establishes an ALL SALES FINAL / NO VOLUNTARY RETURNS OR EXCHANGES policy, except where a return, refund, replacement, repair, or other remedy is required by applicable law or expressly provided by the Refund Policy.

Nothing in these Terms or any incorporated policy is intended to waive a right or remedy that cannot legally be waived.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment contrary to this section will be void to the extent permitted by applicable law.

We may transfer, assign, or delegate these Terms and our rights and obligations in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or otherwise as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which A&P HeliGear is headquartered, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute regarding these Terms shall be brought in a court of competent jurisdiction as permitted by applicable law.

Nothing in this section deprives a consumer of any protection afforded by law that cannot lawfully be waived by agreement.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right, in our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes to these Terms, and such changes will become effective on the date specified in the notice.

Changes will not retroactively eliminate or reduce rights or remedies relating to a transaction where doing so would be prohibited by applicable law.

Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

A&P Helicopters, Inc.
A&P HeliGear
Email: mary@aphelicopters.com

Questions regarding returns, damaged merchandise, defective merchandise, incorrect orders, or other matters covered by our Refund Policy should also be sent to:

mary@aphelicopters.com

Do not return or ship merchandise to A&P Helicopters, Inc. or A&P HeliGear without prior authorization.

If a return is authorized under our Refund Policy, contact mary@aphelicopters.com for the applicable return address and shipping instructions.