Policies & Terms

These Terms and Conditions constitute a binding agreement (the “Agreement”) between you and HowToo LLC (“HowToo,” “we” or “us”) regarding your use of the www.howtoo.com website (the “Site”). If you do not wish to be bound by this Agreement after you have read it, please leave the Site. If you remain at this Site or return thereafter, you agree to be bound by this Agreement.  This Agreement includes the HowToo Privacy Policy, found at http: https://www.howtoo.com/privacy and incorporated herein by reference.

  1. Modification of this Agreement. You agree that we may modify the terms of this Agreement in our sole discretion, without advance notice, and that your right to access this Site is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We may provide you with notice of changes.  However, it is your responsibility to review this page and related pages for possible modifications to this Agreement.
  2. Using the Site.
    1. Applicability.  This Agreement applies to all users of the Site, including users who are also contributors of Materials on the Site (“Creators”).
    2. Eligibility.  Fee-based services on this Site may only be used by and are limited to individuals who can form binding contracts under applicable law and who have created a HowToo Account.
  3. Creating an Account. In order to access certain areas of the Site, you will need to create a HowToo Account.
    1. You must be 18 or older to create an Account.
    2. When creating your account, you must provide accurate and complete information. You must notify us promptly if any information changes.
    3. You must be a resident of the United States to be a Creator or a referrer to the Site (“Referrer”).
    4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    5. Your account may only be used by one person – a single login shared by multiple people is not permitted.
    6. One person or legal entity may not maintain more than one account.
  4. Use of Your Account.
    1. You are solely responsible for the activity that occurs using your password or on your account, including without limitation use by an unauthorized third party. You must keep your account password secure. You must notify HowToo immediately of any breach of security or unauthorized use of your account, or if you believe your password or account has been obtained or may be accessed or used by an unauthorized person or entity.
    2. You may never use another’s account without permission of HowToo.
    3. You acknowledge that you are solely responsible for all actions you take in connection with material on this Site, including car repairs, purchases of parts, driving cars that have been repaired using video from this Site, and bodily harm.
  5. Limited License.  Original material posted on this Site is protected by intellectual property laws. You are hereby granted a limited, non-exclusive license to use the videos, articles, and other content on the Site (“Content”), but only while accessing this Site. You are also granted a limited license to print copies of any Content posted at this Site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display of the Content is prohibited. Commercial use of any of Content on the Site is strictly prohibited. Use of our trademarks as metatags on other websites is also strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at permissions@howtoo.com.  If you post Materials to this Site, you may have certain additional rights with regard to these Materials; these rights are expressly stated in this Agreement, including without limitation in Section 6 (Additional Terms for Creators and Referrers).
  6. Additional Terms for Creators and Referrers.
    1. Terms for Creators of Material.
      1. Material. This section applies if you post or store on the Site any software, information, data, databases, music, audio, video or other audio-visual files, photographs, images, documents, text, digital files or other material (“Material”).
      2. Prohibited Material. You agree not to post or store on our Site any Material that:
        1. violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas);
        2. is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
        3. discloses personally identifiable information, such as the full name, email address, telephone number or street address of you or any third party;
        4. improperly assumes or claims the identity, characteristics or qualifications of another person;
        5. are for purposes of spamming;
        6. contain any virus, malware or other harmful component;
        7. are libelous or defamatory, or an invasion of privacy or publicity rights or any other third party rights; or
        8. includes pricing or promotional information regarding any other websites you operate or appear on.
      3. Terms of Referral Program.
        1. HowToo offers a Referral Program (the “Program”), which will provide you fees for certain referrals to the Site.  Referral Fees are calculated according to the Program Fee Schedule found here: http://www.howtoo.com/fees.
        2. Once you have signed up for the Program, you will be assigned a unique Referrer Code. You are permitted to place links, banners, or other graphics we provide with your Referrer Code on your site, in your emails, on social media or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to HowToo. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
  • To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the HowToo. You must ensure that each of the links between your site and the HowToo properly utilizes such special link formats. Links to the Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to purchases of your Materials on the HowToo Site occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
  1. The links should point to pages of the Site where your Materials are posted.
  1. Referral Fees, Sales and Payments
    1. For the purchase of Materials to be eligible to earn a referral fee, the user must click-through a Special Link from your site, email, or other communications to http://www.howtoo.com and complete the purchase of Materials during that session.
    2. We will only pay referral fees on links that are automatically tracked and reported by our systems. We will not pay referral fees if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay referral fees on business generated through properly formatted special links that were automatically tracked by our systems.
  • We reserve the right to change or eliminate the payment of referral fees or sales fees at any time, at our sole discretion.  If we do, we will provide notice to you through the email address you have provided and/or through your HowToo Account.  Failure to receive notice shall not be grounds for challenging the change or elimination of fees.
  1. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
  2. Payments only begin once you’ve earned more than Twenty Dollars ($20.00) in referral or sales income. If your account never crosses the Twenty Dollars ($20.00) threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
  3. As long as your current referral or sales earnings are over Twenty Dollars ($20.00), you will be paid each month. If you have not earned Twenty Dollars ($20.00)since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
  1. License. By posting Material to this Site, you hereby grant HowToo an irrevocable, perpetual, non-exclusive, worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Material on the Site.
  2. Representations and Warranties. You represent and warrant that (i) you own all right, title and interest in and to all Material; (ii) the Material does not infringe, misappropriate or otherwise violate the intellectual property rights of any third party; (iii) all individuals that appear in the Material are over the age of 18 or, if a minor child, you have the permission of a parent or legal guardian to include such child in the Material; (iv) you possess the necessary skill, knowledge and experience to perform the activities and provide the information included in the material to the extent provided by you; and (v) any third parties in the Material possess the necessary skill, knowledge and experience to perform the activities and provide the information included in the material to the extent provided by you.
  3. Removal Right. You expressly agree that we may remove, disable or restrict access to, or availability of, any Material from this Site (including, but not limited to, Material which you have posted or stored) which we believe, in good faith and in our sole discretion, violates the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe we may have acted mistakenly with respect to certain Material, you may contact us at complaints@howtoo.com, in which case we may investigate the matter further. We reserve the right however, to take no further action. You agree that HowToo will not be liable for removing, disabling or restricting access to or the availability of Material.
  1. Linking to the Site and Social Media Features.  You may link to the homepage of the Site or to any pages where your Material is posted, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link that could suggest any association, approval or endorsement on our part without our express written consent. This Site may provide you with certain social media features that enable you to: (i) link from your own or certain third-party sites to your Materials or certain other Content; (ii) send electronic mail or other communications with your Materials or certain other Content, or links to your Materials or certain other Content, on this Site; or (iii) cause limited portions of your Materials or certain other Content on this Site to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as provided by us and solely with respect to your Materials or other Content intended to be displayed by such features, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Notwithstanding the foregoing, you must not (i) establish a link from any site that is not owned by you; (ii) cause the Site or any portions of it to be displayed by framing, deep linking, in-line linking or similar methods on any other site; (iii) link to any part of the Site other than the homepage or pages containing your Materials; or (iv) otherwise take any action with respect to the Content on this Site that is inconsistent with any other provision of this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
  2. Video Player.  You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the video player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the video player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the video player in any manner.
  3. Customer Service.  We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
  4. Third-Party Policy & Complaint Procedures.
    1. Policy. We do not tolerate any violations of intellectual property violations or allow child pornography or obscene or defamatory Material to be posted on this Site. We will do our best, in good faith, to remove, disable or restrict access to, or the availability of, Material that, in our discretion, we find to be infringing, racist, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section 10are intended to implement this policy.  However, this Section 10 is not intended to and does not impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of action.
    2. Complaint Procedures. If you believe that someone has posted Material that violates this policy (other than copyright infringement, covered in Section 11), promptly notify us by email at the following address: complaints@howtoo.com. HowToo will not respond to such complaints unless sent to this email address. Your complaint must include sufficient detail to allow us to effectively respond. At a minimum, please include (i) the nature of the offending Material or right infringed; (ii) all the facts that lead you to believe this policy has been violated or a right has been infringed; (iii) the precise location (including URL) where the offending Material is located; (iv) in the case of infringement, any grounds for your belief that the person who posted the Material was not authorized to do so; and, (v) if known, the identity of the person or persons who posted the infringing or offending Material or any information leading to their identity.
    3. Indemnification; Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint will be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
    4. Waiver of Claims and Remedies. We expect users to take responsibility for their own actions and cannot assume liability for any acts of third parties (including but not limited to Creators) that take place at this Site. By using the procedures set forth in this Section 10, you waive any and all claims or remedies which you might otherwise be able to assert against HowToo under any theory of law (including, but not limited to, intellectual property laws) that arise out of or relate in any way to the Content of this Site (including user ratings and comments) or our response, or failure to respond, to a complaint.
    5. No Duty to Investigate; Limitation of Liability. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of any Content. If you believe that Content remains on this Site that violates your rights, your sole remedy will be against the Creator(s) or other person(s) responsible for creating, posting or storing it, not against HowToo or its officers, directors, employees, owners, consultants or advisors.
  5. DMCA Compliance. HowToo does not tolerate the infringement of others’ valid copyrights on the Site.  If you believe that any content on the Site infringes a copyright, or was improperly removed for alleged infringement, it is necessary that you comply with the below requirements.  Please be aware that any person who knowingly materially misrepresents that material or activity is infringing, orthat material or activity was removed or disabled by mistake or misidentification, may be subject to liability under the DMCA.
    1. Notice.  If you believe that a work protected by a copyright that you own, or for which you are an agent, has been posted or stored on our Site without authorization, please send a written notice to HowToo’s designated agent (as described in Section 11(b)below) (a “DMCA Takedown Notice”).  Upon receipt of a valid DMCA Takedown Notice, HowToo will respond expeditiously to remove, or disable access to, the identified content, and will take reasonable steps to promptly notify the provider of the identified content.  The DMCA Takedown Notice must include substantially the following in order to be effective:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;
  • Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HowToo to locate the Material on the Site;
  1. Information reasonably sufficient to permit HowToo to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  2. A statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  3. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Designated Agent.  HowToo’s designated agent for receipt of DMCA Takedown Notices is:

Justin Jaquette

9530 Hageman Rd, Suite B-420, Bakersfield, CA 93312

(844) 446-9866

complaints@howtoo.com

  1. Removal.  If you believe that Material you posted on the Site was removed or access to it was disabled wrongly, please send a written notice to HowToo’s designated agent (as described in Section 11(b)above) (a “Counter Notice”).   The Counter Notice must include substantially the following in order to be effective:
    1. A physical or electronic signature for you;
    2. Identification of the Material that has been removed or to which access has been disabled and the location at which the Material appeared on the Site before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the Material was removed or disabled as a result of mistake or misidentification of the Material to be removed or disabled; and
  1. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which HowToo may be found, and that you will accept service of process from the person who provided the DMCA Takedown Notice or an agent of such person.
  1. Resolution.  In accordance with the DMCA, upon receipt of a Counter Notice, HowToo will promptly provide the person who provided the DMCA Takedown Notice with a copy of the Counter Notice, and inform that person that it will replace the removed Material or cease disabling access to it in no less than ten (10) and no more than (14) business days, unless the designated agent (as described in Section 11(b)above) first receives notice from the person who submitted the DMCA Takedown notice that such person has filed an action seeking a court order to restrain the person who filed the Counter Notice from engaging in infringing activity relating to the Material on the Site.
  2. Repeat Infringers.  HowToo reserves the right, at HowToo’s sole discretion, to suspend or terminate accounts that are repeat infringers.
  1. Privacy.  We know your personal information is important to you, so it’s important to us. Our Privacy Policyexplains in detail what information about you we collect and how we use the information about you that we collect. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this Site. Note that we do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this Site. This Site is intended for use by adults only.
  2. Links.  We may provide links to third-party sites from our Site as a convenience to our visitors.  Creators may also provide links to sites they own or control from our site. We have no control over the content posted at any of these sites and make no representations or warranties about any content available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that the Site contains a link to a site that contains infringing or illegal content, or which makes available password cracker tools or other circumvention devices, please not notify us so that we may evaluate whether (in our sole discretion) to disable it.
  3. Unsolicited Email, Spamming & Spoofing.  You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site or our domain name. You may not use our domain name as or in a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Site.
  4. Violations/Indemnification.  Your access privileges to the Site are conditioned on your adherence to the terms of this Agreement. If you violate any terms of this Agreement, you agree that we may deny you access to the Site. You further agree, at your own expense, to defend and indemnify us and hold us harmless from and against all claims which may be asserted against us, and all losses incurred, as a result of any violations of this Agreement. If asked to do so, you agree that you will not attempt to access this Site.
  5. Intellectual Property Rights.
    1. Copyright. All Materials and other Content on the Site, including without limitation, the Site name, URL, any logos, the design, text, graphics, Materials, other files, and the selection and organization thereof are either owned by HowToo LLC, by Creators or by our vendors, suppliers or licensors. You may not use any such materials without the express written permission of the owner.
    2. Trademarks. The Site name, feature names, and other names or logos on the Site are trademarks of HowToo, LLC or of the respective owners of the trademarks.  Materials may contain trademarks of the Creators or of third parties.  You may not use any HowToo trademarks, trade dress, or trade names without our express written permission.  Use of third party trademarks on the Site and in the Materials does not constitute or imply affiliation or endorsement with or by the owners of such third party trademarks.
    3. Ownership and Use. We retain ownership of all of HowToo intellectual property rights.  You do not obtain any rights therein or in any third party intellectual property by virtue of this Agreement, your use of the Site or otherwise, except as expressly set forth in this Agreement.
  6. Termination.
    1. By HowToo.
      1. In HowToo’s Discretion: HowToo has the right, in our sole discretion, without notice or liability to you or any third party, to terminate your account or your access to the Site, with or without cause.
      2. For Breach of this Agreement: If you breach or otherwise violate the terms of this Agreement, HowToo has the right to terminate your account and your access to the Site, immediate without notice to you.
    2. By You. If you have opened an account with us, you may terminate your account at any time by notifying us of your intention to do so at terminate@howtoo.com.
    3. Effect of Termination. If your account is terminated for any reason or no reason, we may, in our sole discretion, delete any and all Materials, Content websites, files, graphics or other content or materials relating to your use of the Site. If we terminate your account, we reserve the right to use any means we deem necessary to prevent unauthorized access to our Site.  Termination of your account may result in the forfeiture and relinquishment of any and all potential or to-be-paid referral fees or sales in or credited to your Account if, in HowToo’s sole discretion, it appears that they were the result of fraudulent, illegal, or overly aggressive, questionable sales or marketing tactics.
  7. Changes to the Site. We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Site or any services available on the Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so. Without limiting the foregoing, and notwithstanding anything contained in this Agreement, we will have the right from time to time to change the amount of any fees charged, or to institute new fees relating to new or existing services on the Site. Further, we may delete materials that (i) have been stored for an excessive period of time; (ii) are out-of-date; or (iii) relate to an inactive account. If you do not agree with any changes to the Site you may discontinue your use of this Site or terminate your account in accordance with Section 17(b).
  8. DISCLAIMER OF WARRANTIES.
    1. GENERAL. HOWTOO DOES NOT PROVIDE AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL OR OTHER CONTENT ON THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
    2. THIRD PARTY SERVICES. ANY THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES AND INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THOSE MADE AVAILABLE BY CREATORS OR THROUGH THIRD-PARTY ADVERTISEMENTS, ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES OR INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. HOWTOO IS NOT LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES OR INFORMATION.
    3. USER-GENERATED MATERIALS.  THE SITE CONTAINS ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM CREATORS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THIS SITE AND ALL MATERIALS AT YOUR OWN RISK. WE ADVISE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE MATERIALS. THE SITE IS PROVIDED BY HOWTOO ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    4. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS, OMISSIONS OR ACTIONS YOU TAKE BASED UPON VIEWING MATERIALS OR OTHER CONTENT ON THE SITE. HOWTOO AND ITS OWNERS, EMPLOYEES, OFFCIERS, DIRECTORS, INFORMATION PROVIDERS OR CONTENT PROVIDERS (INCLUDING WITHOUT LIMITATION, CREATORS) WILL HAVE NO LIABILITY FOR YOUR DECISIONS, OMISSIONS OR ACTIONS BASED UPON, OR RESULTS OBTAINED FROM, THE CONTENT ON THE SITE.
    5. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSIDERED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 19 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
  9. LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT HOWTOO, AND ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS AND ADVISORS ARE NOT LIABLE FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS SITE OR ANY LOSSES YOU MAY INCUR, DIRECTLY OR INDIRECTLY AS A RESULT THEREOF. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES.
  10. Force Majeure.  We will not be liable for failing to perform under this Agreement as a result of the occurrence of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure to perform by one of our service providers, fire, terrorism, natural disaster or war.
  11. Notices and Electronic Communication.  All notices required or permitted to be given under this Agreement must be in writing and delivered to the receiving party by any of the following methods: (i) hand delivery; (ii) certified U.S. mail, return receipt requested; (iii) overnight courier; or (iv) electronic mail. If we provide notice to you, we will use the contact information provided to us by you (if any). All notices will be deemed received as follows: (i) if by hand delivery, on the date of delivery; (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card; (iii) if by overnight courier, on the date receipt is confirmed by courier service, or (iv) if by electronic mail, twenty-four (24) hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies the legal requirement that such communications be in writing.
  12. Complete Agreement/No Representations.  This Agreement constitutes the entire agreement between you and us relating to your access to and use of this Site and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implications, except as set forth in Section 1.
  13. Arbitration.  All disputes arising out of this Agreement (including its formation, performance or alleged breach) or your use of our Site or services will be exclusively resolved under confidential binding arbitration. If you can demonstrate that arbitration in California would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Los Angeles County, California before and in accordance with the Rules of the American Arbitration Association. You may download or copy a form notice at adr.org. If you initiate arbitration, your arbitration fees will be limited to the filing fees. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in the state or federal court in Los Angeles County, California to enforce these terms or prevent infringement of a third party’s rights. In the event equitable relief is sought, each party irrevocably submits to the personal jurisdiction of such court.
  14. Waiver of Class Action Rights.  By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be individually asserted.
  15. Limitation of Actions.  You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site or any related services, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.
  16. Complete Agreement.  This Agreement is binding upon each party hereto and its successors and permitted assigns and constitutes the entire agreement between you and HowToo.This Agreement supersedes any prior agreements between you and HowToo (including without limitation any prior versions of this Agreement).
  17. Choice of Law.  This Agreement will be construed in accordance with the laws of the State of California without reference to conflict of law principles.  You hereby waive any claims of inconvenient forum or failure of service of process.  The parties each waive their right to a jury trial.
  18. Assignment.  This Agreement and all of your rights and obligations under this Agreement (including, without limitation, your account, if any) may not be assigned or transferred by you without our prior written consent.
  19. Waiver.  No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege under this Agreement.
  20. Relationship of the Parties.  We are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
  21. Severability.  The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
  22. Further Information.  If you have a complaint, you may contact us at complaints@howtoo.com. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.