Our policies...no cloudiness, only clarity.
It's boring, but we must outline our policies and rules...at elevated heights, there is no cloudiness, only clarity
Terms of Service
Helium, LLC (“Helium” or the “Company”) provides this website (“Site”) under the following terms of service (“Terms of Service” or “Terms”). When using the Site you must adhere to all guidelines, policies, terms, and conditions that apply to our service. These Terms constitute a legally binding agreement and apply even if you are only a visitor or aggregator. If you do not accept these Terms, you should immediately discontinue use of the Site.
Further, when using Helium’s services, you must adhere to all governing state and federal laws. Helium reserves the right to cancel orders at its discretion.
Helium allows you to place an order for library books. An employee, owner or agent of Helium will check out the requested books in his/her name from a Milwaukee County Federated Library System (”MCFLS”) affiliate library and deliver them to you within two days.
You can rent up to three books at a time by providing the title of the book, the author, if known, your delivery address, a specific drop-off point, and valid credit or debit card information.
You must be eighteen years of age or older to place a rental order.
Currently, Helium is only able to serve residents of Milwaukee County through MCFLS affiliated libraries. If you enter an address not in Milwaukee County, Helium will not be able to fulfill your rental order request.
Helium reserves the right to refuse your rental order for any reason including, but not limited to:
if the book(s) you desire is/are currently unavailable at a MCLFS affiliated library;
if your credit or debit card information is incorrect or invalid; or
if you fail to comply with these Terms or have failed to comply with these Terms with respect to using the Company’s services in the past.
To return your book(s), you must provide the title of the book, your pick-up address, and a specific pick-up point. Helium will reach out to you two days before your book’s due date, as well as on your book’s due date, as friendly reminders to return or request to renew your rented books.
To renew your book(s), you must submit a renewal request form on this Site. Renewals are not guaranteed upon your submission of the form. Your renewal of certain books may not be possible due to existing library policies. Upon completion of the renewal request form, Helium will follow up with you via email as to the status of your renewal request, informing you if renewal is possible. If it is not possible, you must take the appropriate steps to return your book(s) before their due date(s) to avoid late fees. Refer to Helium’s Fee Policy (“Fee Policy”) for more detail.
You agree to Helium’s Fee Policy, the terms of which are hereby incorporated into these Terms by reference. To place a rental order with Helium, you are required to enter valid credit or debit card information. Upon placing a rental order you agree to pay Helium’s requested price for such a rental, as it appears on the Site at the time of the rental. Helium uses Stripe to complete credit card processing and authorizations. Helium will charge your credit or debit card for book rentals and/or for late fees or replacement fees according to the Fee Policy. By entering the credit or debit card account information, you agree that you are an authorized user of the card. If requested, you must also provide billing information. If, in any case authorized by the Company’s Fee Policy, Helium does not receive payment from your credit or debit card company should an order fee, late fee, or replacement fee accrue, you agree to immediately pay the amount due upon demand.
Ownership of the Site; Restrictions on Use
All pages within this Site and any material made available for download are owned by or licensed to Helium. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Helium, including the provision of services or products to Helium, or in connection with a business relationship with Helium. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Helium without our express written consent.
Helium hereby grants you a nonexclusive, non-transferable, revocable license to use the Site solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Site) use. As a condition of your use of the Site, you warrant to Helium that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service. If you breach any of these Terms of Service, your authorization to use the Site automatically terminates.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden or impair the Site.
Any rights not expressly granted by these Terms of Service or any applicable end user license agreements are reserved by Helium and/or its vendors and licensors.
You acknowledge that the Site and the Content includes information which is confidential and proprietary to Helium ("Confidential Information"). Confidential Information includes Content or other information marked as "Confidential" or similar label, as well as any other Content or other information which you know or reasonably should know is confidential or proprietary to Helium. If you are not sure whether Content is Confidential Information, please contact an authorized Helium employee for clarification and do not disclose such Content to any third party until you receive such clarification. You agree to keep all such Confidential Information strictly confidential and to not disclose any such Confidential Information to any third party without the advance written consent of Helium.
Accuracy and Integrity of Information
Although Helium attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Helium shall have no responsibility or liability for information or Content posted to the Site from any non-Helium affiliated third party.
Access to Site
In the event access to the Site or a portion thereof requires a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify Helium in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. Your access to the Site may be revoked by Helium at any time with or without cause. You agree to defend, indemnify and hold Helium harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Helium arising out of your use or access of the Site, or any breach of these Terms of Service.
Disclaimer of Warranties
HELIUM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND HYPERLINKED WEBSITES. HELIUM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. YOU AGREE THAT HELIUM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
GIVEN THE NATURE OF OUR SERVICES, THERE WILL BE TIMES WHEN A BOOK WILL NOT BE AVAILABLE FOR CHECKOUT. WE DO NOT GUARANTEE THAT A BOOK ORDER PLACED THROUGH THIS SITE WILL BE DELIVERED IN A TIMELY MANNER.
Limitation of Liability Regarding Use of Site
HELIUM AND ITS AFFILIATES, VENDORS, LICENSORS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to Other Sites
Helium makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Helium site, please understand that it is independent from Helium, and that Helium has no control over the content on that website. In addition, a hyperlink to a non-Helium website does not mean that Helium endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Helium reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Helium and you pertaining to the subject matter hereof. In its sole discretion, Helium may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site. In the event of any dispute or claim relating to the Site or these Terms of Service, you agree to resolution of such dispute in the state or federal courts located in Dane County, WI in accordance with Wisconsin law. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
You authorize us to send you emails upon your registration as a user of the Site.
Last Updated: 10/1/2021
You have a due date for your rented books, which is communicated upon delivery of your rental. If this date passes and neither of the following three action items have been completed, late fees will begin to accrue in your account:
1. Completion of the Return form, indicating that your rented books are ready to be picked up by one of our drivers.
2. Completion of the Renewal form, indicating that you wish to renew your rented books for another term AND you have received email confirmation that your renewal request was successful.
3. Notification has been sent to us that your books were stolen or lost after they were delivered.
2 days prior to your rented books coming due, we will send you an email reminding you to complete one of the action items above before the due date. Of course, only complete action item number 3 if applicable.
As stated, if neither of the three action items above have been completed and your due date has passed, late fees will begin to accrue. The fees will accrue as follows:
Helium Books charges a base late fee of $3.00 (per overdue book), as compensation for the inconvenience imposed on the driver and the company.
A daily late fee of $0.15 (per overdue book), matching the average amount charged by libraries within our local library system, reimbursing our drivers for the costs that they must pay directly for the late books checked out under their name.
Why must we do this? We will always protect our selfless drivers that facilitate our mission day in and day out. It is them that bear complete responsibility for the books they check out under their name and deliver to you. We trust you can understand our reasoning.
** Any late fees will be automatically charged to the debit/credit card entered as part of the rental order process as soon as one of the three action items above are completed. Until then, fees will continue to accrue and you will be unable to rent books via Helium Books. When accruals cease and fees are charged, you will also pay the small processing fee charged by our payment processor, Stripe. Minimum charge restrictions imposed by our payment processor may apply. **
27 Day Rule
If one of the three action items above has not been completed after 27 days have elapsed following the due date of your rented books, we will automatically charge the debit/credit card you entered as part of the rental order process for three things:
The $3.00 base late fee (per overdue book)
Daily late fees of $0.15, times 27 days, so $4.05 (per overdue book)
The library-concluded cost to replace the books
The small processing fee charged by our payment processor
Why 27 days? Good question...seems random, we know. This is current library policy. They charge those who have checked out books and have not returned or successfully renewed them within 27 days following their due date the full cost to replace said books, assuming the books will never make their way back to the library. After 27 days have surpassed and fees have been automatically paid, you will be once again able to rent books via Helium Books.
Damaged, Stolen, Lost Book Fees
In rare circumstances, books rented through Helium Books can be damaged by readers, stolen from readers, or lost by readers. Here's how we handle these issues...
If books rented through Helium Books are returned to us damaged, as concluded by library staff (not us), the reader is therefore responsible for the replacement of the damaged books. Upon the library staff's conclusion of irreparable damage to your books, to replace the damaged books, we will charge the debit/credit card you entered as part of the rental order process the exact amount the library charges our driver, who checked out the books and is ultimately responsible for what happens to them. Further, you will also pay the small processing fee charged by our payment processor. For the damage itself, you will not pay an additional base fee of $3.00 as with late returns and renewals.
Keep in mind, any applicable late fees will still be charged. Fees associated with damage will be additive.
Stolen or Lost Books
If books rented through Helium Books are stolen from you or lost at any point during your rental term (i.e. after they were delivered and received and before they were set out to be picked up and returned), first thing you will want to do is to notify us immediately. Notify us immediately because this will effectively end your rental period for the stolen or lost books. This is important especially if the due date for these items has passed, as all late fee accruals will stop upon receipt of your notification.
To replace the stolen or lost books (if stolen or lost at any point during your rental term), we will charge the debit/credit card you entered as part of the rental order process the exact amount the library charges our driver, who checked out the books and is ultimately responsible for what happens to them. Further, you will also pay the small processing fee charged by our payment processor. For the theft or loss itself, you will not pay an additional base fee of $3.00 as with late returns and renewals.
Keep in mind, any applicable late fees will still be charged. Fees associated with stolen or lost books will be additive. We emphasize again the importance of notifying us as soon as possible about theft or loss.
We understand that you may not agree with a fee being charged to your debit/credit card. At any point, if a fee will be charged to your card, we will notify you of the amount being charged and the reasoning via email. We know you deserve to know matters such as this. As it will state in these emails, you can reply to them directly with any comments, questions, and/or disputes. If you would like to dispute a fee, please inform us of your reasoning in your email as to why the fee should not be charged.
We do our absolute best to ensure that all fees charged are for legitimate purposes and in complete accordance with our stated fee policy. In the case we make a mistake, we will immediately issue a refund of the amount charged and notify you of our wrongdoing.
Last Updated: 10/1/2021
We are committed to the security of our users and use standard encryption to protect all data being sent and received on the Sites. Our servers help protect all information being collected on the Sites.
Information we collect
We, and third-party partners who provide services on our behalf, collect information from you when you visit and use the Sites, including when you:
access, browse, and use the Sites and/or services;
place an order and/or make a payment;
return or renew ordered books;
register an account;
sign up for our mailing list;
login through social networks and/or authentication services;
respond to a survey, form, or communication such as email;
provide feedback, suggestions, or blog commentary;
participate in another feature on the Sites.
This information includes (without limitation) names, addresses, email addresses, telephone numbers, age, date of birth, requested book titles, returned and renewed book titles, and credit or debit card information. We use such information to provide services on the Sites that are convenient and relevant to our users. If requested, we may provide you with your account's contact information and transaction history.
In addition, we and our third-party partners may collect certain information automatically when you visit or use the Sites using cookies, pixels and other web technologies. This information includes (without limitation):
your order information and personal preferences;
information about the device you use to access the Sites and its software;
the pages you visit on the Sites;
the website you visited before coming to the Sites;
various ways you engage with the Sites and features you use on the Sites;
the date and time you access the Sites.
You may set your browser to refuse these cookies by seeing the help section of your browser. However, by doing this, you may not be able to access or use all or parts of the Sites.
How we use your information
We, and third-party partners who provide services on our behalf, may use your information in the following ways (without limitation):
to fulfill your order, return, or renewal requests;
to process your registration on the Sites;
to improve the content and functionality of the Sites;
to provide recommendations and customized content/features to you on the Sites;
to contact you with information about your order, return, or renewal requests;
to contact you regarding promotions, products, services and/or features we believe will be of interest to you;
for marketing purposes;
for data analysis and customer research purposes;
for internal business needs, such as auditing, improving the Sites and services, and fraud prevention;
to provide customer support and services.
How we share your information
Helium will not share your personal information, such as your personal address and email addresses, with third parties for their own use.
When you place an order or return or request to renew rented books through Helium, all relevant information will be provided to an employee, owner, or agent of Helium. This can include (without limitation) book names, your name, delivery or return address, telephone number and email address. All data we send is encrypted as noted above.
We also use third parties to complete certain tasks including (without limitation) credit and debit card processing and authorizations, data processing, fraud protection and prevention, marketing, and promotions. These third parties will perform functions on our behalf. In these instances, we will share your information that you provided to complete these tasks on our behalf. We request that these third parties take necessary and reasonable steps to protect your private information. We also may use the information you provide to comply with legal obligations or inquiries from law enforcement.
In addition, we may share your information with an affiliate or third-party partner in the event of a sale, transfer, merger, reorganization, dissolution or similar event.
How long we retain your personal information
Helium may use third-party advertising companies and partners to collect user data on the Sites and then serve targeted ads on our behalf. Our advertising partners collect this data using cookies and web beacons.
Helium does not direct or target any piece of the Sites or services to children under the age of 18. If you believe a child has provided us with any personal information, please contact us at firstname.lastname@example.org. We will make reasonable efforts to remove such information from our databases.
Consent; Changes; Applicability
ATTN: Helium, LLC
1345 N. Jefferson St.
Milwaukee, WI 53212