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Terms of Service

Effective Date: September 1, 2013

THESE TERMS APPLY TO howchoo, LLC, (“howchoo” or “we” or “us”). THESE TERMS AND CONDITIONS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms” or “this Agreement”) ARE A BINDING CONTRACT BETWEEN HOWCHOO AND YOU (“you” or “user”). BEFORE USING THE howchoo.com WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the “Site”), PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT HOWCHOO MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. HOWCHOO MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING, BUT NOT LIMITED TO. VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO SUBMIT CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND/OR MAKE USE OF HOWCHOO’S SERVICES IN A SHAPE OR MANNER AS A USER, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.

2. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT

howchoo.com is a popular place to find instructions on a variety of things. You and other users of our Site have access to thousands of articles, video files and applications that are intended to provide directions on how to do things. Many of these articles are contributed by people from around the world, and represent a diversity of perspectives, experience and approaches to issues that may be of interest to you.

In addition to being a place for you to find out how to do things, the Site is also a platform for you to comment and share your ideas with others. In return for our display of your content for any period of time, you agree to grant the license to howchoo described in Section 5 hereof.

5. The Site is for general research, informational, and entertainment purposes only. We publish video, audio, articles, or other content from current and past contributors. The information on the Site represents the opinions and perspectives of a variety of contributors and users of the Site since its inception, you should assume that we have not independently verified the accuracy, thoroughness, or relevance of the content available on the Site. All of the content and information appearing on the Site is subject to the disclaimers set forth below in Section 14.

6. This Site is intended for use by persons who are at least 13 years old. By using the Site, you represent and warrant that you are at least 13 years old, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.

2. MODIFICATIONS TO TERMS

7. You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. We will provide notice to you of any material changes in the Terms by posting notice to the Site and sending an email to the email address that we have on record for you. Changes will become effective on the date we send notice to you. Your continued use of the Site after our notice to you of a change in the Terms means that you have agreed to the amended Terms.

8. It is critical that you keep your email contact information correct and updated with howchoo.com at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days

3. MODIFICATIONS TO SITE

9. We reserve the right from time to time to temporarily or permanently modify or discontinue, and/or perform maintenance, at our election, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect howchoo’s license to your content as stated herein.

4. POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES

10. You have the ability to interact with the Site and other users by posting comments, engaging in project discussions, participating in the forums, uploading photos, and a variety of other ways (all such submissions or postings collectively referred to as “User Generated Content”). By submitting or posting any User Generated Content on the Site, you warrant and represent that:

1. you own all rights in your User Generated Content and the performance contained in your User Generated Content or, alternatively, you have acquired all necessary rights in your User Generated Content to enable you to grant to howchoo the rights in your User Generated Content described herein and for us to exercise the rights with respect to such User Generated Content that you grant herein;

2. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Generated Content;

3. you are the individual pictured, depicted, and/or heard in your User Generated Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Generated Content to grant the rights to howchoo described herein;

4. you will make such permissions available to howchoo upon request;

5. your User Generated Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

6. if you are a direct competitor of an author or another Posting user, or otherwise have an interest adverse to the author or another posting user, you will fully disclose the interest;

1. you will not stalk, threaten or harass authors or other users or infringe upon, invade or attempt to infringe upon or invade their privacy; and

2. you will not post any information or material which may constitute or encourage conduct that is a criminal offense, tort, or civil wrong or otherwise violates any applicable law.

3. You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of howchoo. You acknowledge that the Site does not have any “digital rights management” or other security technology features to restrict someone who receives Content from copying and redistributing it.

4. To post User Generated Content on the Site, you must first complete the Site registration process to login (your “Account”). You agree to provide accurate current and complete information during the registration process, when contributing User Generated Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians.

5. When you submit ideas, suggestions, or proposals (collectively, “Ideas”) to us, you represent, warrant, and agree that: (i) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third-party rights of any kind; (ii) if we so choose, we may use and disclose your Ideas, or any part thereof, in any way; and (iii) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (x) we may have already created, or be in the process of creating, content that may be substantially similar to your Ideas or work samples at the time you submit those ideas or samples to us, and (y) elements of your Ideas and work samples may not be subject to protection under copyright law.

5. OWNERSHIP OF RIGHTS FOR USER GENERATED CONTENT; LICENSE RIGHTS

1. You retain ownership of your copyrights and other intellectual property and proprietary rights in any User Generated Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.

2. Subject to your right to terminate your license to us as described below in this Section 5, you hereby grant howchoo a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), nonexclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the User Generated Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such User Generated Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your User Generated Content, and your user name or your actual name (according to the preferences you select at the time that you register) along with your User Generated Content.

3. You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to howchoo.

4. You may choose from time to time to remove or modify User Generated Content that you previously posted on the Site if doing so would not interfere with other users’ ability to enjoy the Site. For example, a request to remove your

comments or posts from a long string of interactive posts could render the entire thread unintelligible and eliminate the ability of the other users of the Site to read and enjoy that thread. In these situations, we may anonymize your User Generated Content so that the threaded conversation remains intact. Your removal of any of your User Generated Content will automatically terminate our license to such User Generated Content. But if prior to such removal or modification, howchoo has created, or developed specific plans to create, any electronic or printed materials containing such User Generated Content (e.g., in advertising, promotion or otherwise), then you agree that howchoo may continue to exploit materials containing such User Generated Content after you have removed or modified that User Generated Content. However, six (6) months after you have removed or modified that User Generated Content, you may send us written notice to cease displaying such materials, in which event we will use commercially reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your written notice to us must be sent to 226 W FERN ST. TAMPA, FL 33604, Attn: Copyright Agent, or to [email protected], and contain the following information:

1. your name, address, telephone number, and email address;

2. the user name for your Account;

3. your electronic or physical signature;

4. identification of the specific User Generated Content;

5. identification of the materials containing the User Generated Content in question, including the title and the URL where it may be viewed;

6. identification of the approximate date on which you removed or modified the User Generated Content contained in such materials;

7. a statement that you would like howchoo to cease using such materials containing such User Generated Content; and

8. your certification that you own or have the exclusive rights to such User Generated Content.

6. PROHIBITED CONTENT

18. You agree not to post or submit to the Site any content or any other materials whatsoever that is or could appear to be:

1. untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;

2. infringing or alleged to be infringing upon a third party’s rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement;

3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information;

4. unsolicited, undisclosed or unauthorized advertising;

5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

6. data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or

7. in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

7. PROHIBITED CONDUCT; LIQUIDATED DAMAGES

19. You agree not to do, or attempt to do, any of the following, subject to applicable law:

1. access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

2. access, tamper with, or use services or areas of the Site that you are not authorized to access;

3. alter information on or obtained from the Site;

4. tamper with postings, registration information, profiles, submissions or User Generated Content of other users;

5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;

1. frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by howchoo;

2. impersonate or misrepresent your affiliation with any person or entity;

3. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);

4. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or

5. take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

6. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

8. MONITORING OF USER GENERATED CONTENT

  • Although we strive to maintain high standards for this Site, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content

appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of howchoo. howchoo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized howchoo employees acting in their official capacities.

9. PROTECTION OF SITE CONTENT

22. Our Site is protected by intellectual property laws and you agree to respect them. howchoo grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights howchoo has in the content on the Site, to privately display and perform the Site on your computer for your own personal, noncommercial purposes. howchoo reserves all other rights in the content on the Site, on its own behalf and the behalf of its licensors (including contributors), and howchoo does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from howchoo or the third-party owner of the rights in that User Generated Content (if any).

10. PRIVACY POLICY

23. Please see our Privacy Policy at https://howchoo.com/privacy-policy

11. TERMINATION OR CANCELLATION

24. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before such termination. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

1. If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the User Generated Content you posted on the Site. In such event, howchoo may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such User Generated Content according to the terms contained in Section 5 with respect to removal or modification of User Generated Content previously posted on the Site.

2. The provisions entitled “Posting User Generated Content on the Site; Representations and Warranties,” “Ownership of Rights for User Generated Content; License Rights,” “Prohibited Conduct; Liquidated Damages,” “Termination or Cancellation,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” “Copyright Infringement,” “Additional Terms,” the Notices regarding the availability of filtering software, ‘No Harvesting or Dictionary Attacks Allowed’, trademarks, and copyright ownership, and the Privacy Policy will survive termination of these Terms.

12. DEALINGS WITH MERCHANTS; LINKS

  • The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that howchoo is not responsible or liable for (1) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. howchoo’s Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website’s privacy statement before disclosing any personal information.
  • Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, “click to purchase” and other similar programs, including payment and delivery of related

goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against howchoo and agree to hold howchoo harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

13. INDEMNIFICATION

29. As a condition of your access to and use of the Site, you agree to hold howchoo and howchoo, LLC, and their subsidiaries, affiliates (for example, those listed at howchoo.com), officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) howchoo’s resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for howchoo to collect, use or disclose any data or User Generated Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that howchoo disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) howchoo will have the right but not the obligation to resolve disputes between users relating to the Site and howchoo’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) howchoo’s resolution of a dispute will be final with respect to the Site.

14. DISCLAIMER OF WARRANTIES

30. Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network you are using, there is a possibility that the Site may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; howchoo does not warrant the successful operation of the Site on your computer, and we are not liable for any such problems that result from your use of the Site.

31. MOREOVER, THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM HOWCHOO, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY HOWCHOO ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOWCHOO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. HOWCHOO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, J-IOWCHOO IS NOT LIABLE OR OBLIGATED IN CONNECTION WITH THESE TERMS AND THE SITE UNDER ANY THEORY, WHETHER IN CONTRACT, TORT. NEGLIGENCE. PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY. BREACH OF WARRANTY OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT’ FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE OF OUR CONTROL. INCLUDING. BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES AND/OR LOST PROFITS OF ANY TYPE, KIND OR AMOUNT, AND ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SITE. YOUR SOLE EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, AND HOWCHOO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

1. Without limiting any of the foregoing, howchoo makes the following specific disclaimers for the following categories of information:

2. INVESTMENT & FINANCIAL INFORMATION: The content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither howchoo, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.

3. MEDICAL & HEALTH INFORMATION: The content located on the Site should not be interpreted as medical or health advice. The content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither howchoo, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the content on the Site.

4. LEGAL INFORMATION: The content located on the Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client or legal advisor relationship. You should NOT rely upon the legal information or opinions provided and you should consult with your personal legal advisor; this Site is not a substitute for an in-person consultation with an attorney, as the applicability of the legal principles discussed at this Website may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions or actions you take or omissions you commit. Neither howchoo, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.

15. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER HOWCHOO NOR howchoo, LLC, NOR THEIR SUBSIDIARIES, AFFILIATES (FOR EXAMPLE, THOSE LISTED AT howchoo.com), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF HOWCHOO AND howchoo, LLC, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

16. COPYRIGHT INFRINGEMENT

37. howchoo respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

2. identification of the copyrighted work that you claim has been infringed;

3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit howchoo to locate the material (for example, by providing a URL to the material);

4. your name, address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

38. Our designated agent to receive notification of claimed infringement can be reached at:

howchoo, LLC,
Copyright Agent
226 W FERN ST.
TAMPA, FL 33604 [email protected]

39. It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.

17. CUSTOMER SUPPORT

40. You acknowledge that 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, provided that you have created an Account and that you submit your customer support inquiries using such Account.

18. NOTICES AND CONTACT INFORMATION

41. Except as otherwise provided in these Terms, howchoo will give you any notices by posting them on the Site. You authorize howchoo to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if howchoo decides, in its sole discretion, to do so. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. howchoo may provide notice to any email or other address that you provide during registration. You agree to keep your address current and that notice provided by howchoo to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 17 and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is: 226 W FERN ST. TAMPA, FL 33604, U.S.A., Attn: Legal Department.

19. ADDITIONAL TERMS

1. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

1. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site by certain persons or in certain countries may not be legal.

2. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.

3. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

4. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of howchoo. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of howchoo will be null and void. howchoo shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

5. jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Florida, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and howchoo agree to submit to the personal and exclusive jurisdiction of the courts located within Hillsborough County, Florida. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Florida. You hereby consent to jurisdiction in a state or federal court sitting in Tampa, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.

6. Limitations on Actions; Survival. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred. These Terms shall be deemed to survive any termination of the account.

7. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

8. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) comprise the entire agreement (the “Entire Agreement”) between you and howchoo with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

9. No Waiver. The failure of howchoo to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or howchoo’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

10. LEGAL NOTICES. Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. You may review the notices by clicking on their link.

11. Notice of Availability of Filtering Software (this provides information about commercially available parental control protections (such as filtering software) that may assist users in limiting access to Internet material harmful to minors).

  • Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the federal CAN SPAM Act of 2003).
  • Notice Re Trademarks (this provides notice regarding who owns the trademarks used on this Site and cautions users not to infringe them).
  • Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents).
  • Further Information If you have a complaint, you may contact us at howchoo, Legal Department, 226 W FERN ST. TAMPA, FL 33604, U.S.A. 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.
  • NOTICE OF AVAILABILITY OF FILTERING SOFTWARE All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.govintiahomeintiageneralicipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
  • NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED HOWCHOO WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY HOWCHOO TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE HOWCHOO PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY HOWCHOO, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO HOWCHOO COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2)
  • ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
  • NOTICE RE TRADEMARKS The trademarks howchoo, howchoo, LLC and all other trademarks listed below or used in the Site are owned or used under license by howchoo and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. you may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
  • NOTICE RE COPYRIGHT OWNERSHIP: 2013-2020 howchoo, LLC, U.S.A. All rights reserved. All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.

YouTube API Client

Howchoo utilizes the YouTube API in our own Client API in order to embed YouTube videos. By using this YouTube video functionality and our associated API client, you agree to YouTube’s Terms of Service governing such use.

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