LAST MODIFIED: November 14, 2023
YOUR AGREEMENT TO THE TERMS
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER, OR BY CLICKING ANY BUTTON OR TAKING ANOTHER ACTION TO SIGNIFY YOUR ACCEPTANCE OF THESE TERMS, YOU HEREBY SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
IF YOU ARE UNDER THE AGE OF MAJORITY WHERE YOU LIVE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF BEFORE YOU ACCESS OR USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OR HAVE NOT OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S CONSENT TO AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE OR CONTENT. YOU MAY NOT ACCESS OR USE THE SERVICE OR CONTENT IF YOU ARE UNDER THE AGE OF 13.
IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.
HowDo and its officers, directors, owners, employees, agents, representatives, suppliers and service providers (collectively, the “HowDo Parties”) provide the Service and Content for informational purposes only. Use of and access to the Service and Content are subject to this Agreement and all applicable laws.
IMPORTANT ARBITRATION NOTICE: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HOWDO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE INFORMATION ON ARBITRATION, PLEASE SEE THE SECTION ENTITLED “GOVERNING LAW AND RESOLUTION OF DISPUTES” BELOW.
CHANGES TO THE SERVICE OR CONTENT
HowDo is constantly innovating and changing our Service and Content as we deem appropriate. You acknowledge that How Do may in its discretion change or remove, add to, stop (permanently or temporarily) offering or providing, or restrict access (such as restricting access to paying users) to, any Content or any other portion of the Service or its features and functionality at any time. You further acknowledge that How Do may establish general practices and limits concerning use of the Service and/or Content or any portion thereof at any time, at our discretion, and that we may modify these general practices and limits from time to time.
CHANGES TO THE TERMS
HowDo reserves the right, at any time, to revise these Terms or to add new terms and conditions with respect to access to or use of the Service, the Content, or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted on the Site or otherwise through the Service. ANY ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT BY YOU AFTER THE POSTING OF REVISED TERMS CONSTITUTES YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms shall be valid or enforceable against HowDo unless expressly agreed to by HowDo in a writing signed by a duly authorized officer of HowDo.
TERM AND TERMINATION
Term and Termination. These Terms will remain in full force and effect while you access and use the Service or the Content. HowDo may terminate and block your access to the Service or the Content or any portion thereof without notice to you, at any time and for any reason, in our sole discretion, without liability, including but not limited to if you breach these Terms. When we terminate your access to the Service, the Content or any portion thereof all rights and licenses granted to you hereunder (or with respect to the terminated portion, if applicable) will immediately terminate, you will cease all use of the Service and the Content (or the terminated portion, if applicable). We may further bar access to the Service or the Content and your account (if any) and may (but are not required to) delete any and all of the information associated with your account (if any) or use of the Service unless we are otherwise required by law to retain such information.
Survival. In the event of termination of these Terms or termination of your access to and use of the Service, the Content or any portion thereof, the provisions of these Terms that by their nature should survive termination, will survive any such termination, including without limitation intellectual property provisions, indemnification provisions, governing law and dispute resolution provisions, warranty disclaimers and limitations of liability.
License Grant. Your access to the Service and the Content is licensed to you for use solely as permitted under these Terms. Subject to these Terms, HowDo grants you a personal, non-assignable, non-transferable, non-exclusive, revocable, limited license to use and access the Service and Content solely for your own personal, non-commercial use and solely as contemplated and permitted by the functionality of the Service and in compliance with these Terms, including without limitation our Acceptable Use Policy described below. No right, title, or interest in or to the Service or Content is transferred to you, and HowDo reserves all rights not expressly granted to you by these Terms. Unauthorized access to or use of the Service or Content is a breach of these Terms and may be a violation of law.
License Restrictions. This license does not grant you the right to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Service, the Content, any technology used to provide or otherwise relating thereto, or any portion of any of the foregoing.
No Reproduction or Distribution of Content. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any portion of the Content without the prior written consent of HowDo. Notwithstanding the foregoing, you may print one copy of the written portions of the Content made available to you through the Service solely for your permitted personal, non-commercial use of such Content and not for further reproduction, publication, or distribution.
INTELLECTUAL PROPERTY RIGHTS
Ownership. The Service, the Content, and the technology we use to provide the Service and the Content (collectively “HowDo Technology”) are the property of HowDo and/or its licensors. The HowDo Technology is protected by copyright, trademark and other laws. You acknowledge that HowDo or its licensors own the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the HowDo Technology.
Trademarks. Trade names, trademarks and service marks of HowDo include, without limitation, HowDo and any associated logos (the “HowDo Trademarks”). Nothing contained in the Content or on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the HowDo Trademarks without our express prior written consent. All trade names, trademarks and service marks included on the Service or in the Content other than the HowDo Trademarks are the property of their respective owners.
Proprietary Notices. All copyright, trademark, or other proprietary notices on the Service or any Content must be retained and displayed at all times.
Usage Data. Without limiting any of HowDo’s other rights hereunder, HowDo shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that HowDo learns, acquires or obtains in connection with your use of the Service or Content.
HowDo may provide you with the ability to submit, post or otherwise transmit comments, information or other materials through the Service (“Submissions”). You acknowledge that your Submissions will be considered non-confidential and non-proprietary. By submitting, posting or transmitting Submissions, you grant to HowDo, at no charge, a worldwide, non-exclusive, irrevocable, perpetual, fully sub-licensable and transferable right and license to use, modify, reproduce, distribute and otherwise exploit the Submissions through the Service or for any other purpose. You are responsible for the Submissions that you post, and you, not HowDo, have full responsibility for their accuracy, legality, quality and reliability. You represent and warrant that you own or control all rights in and to your Submissions and have the right to grant the licenses granted above, and that your Submissions do and will comply with these Terms, including the Acceptable Use Policy below.
To the extent you provide HowDo with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Service or the Content (collectively, “Feedback”), you hereby agree that Healing Hub will be free to use such Feedback in any manner, including by implementing such Feedback in the Service and/or HowDo’s other technologies, products and services, without compensation or other obligation to you.
You acknowledge that the Service and the Content are solely for your personal, non-commercial use and are intended solely for educational and informational purposes only. The Service and the Content are intended for a general audience and do not purport to be, nor should be construed as, specific advice tailored to you, and you remain solely responsible for your use of the Service and the Content and any results you obtain or fail to obtain as a result of your use of the Service and the Content.
ACCEPTABLE USE POLICY
You shall not:
- Submit, post or transmit any Submission that
- is known by you to be false, inaccurate or misleading;
- violates, infringes or misappropriates any person’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or legal right;
- violates any applicable law or that could give rise to any civil or criminal liability under applicable laws;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, sexually or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains objectionable language;
- is deceptive or promotes any illegal activity;
- involves commercial activities or sales;
- contains any computer viruses, worms or other potentially damaging computer programs or files;
- Use the Service or Content in any way that violates any applicable law;
- Engage in any conduct that that could disable, overburden, damage, impair interfere with or disrupt the Service or its infrastructure;
- Engage in any conduct that could interfere with any other party’s use or enjoyment of the Service, or which, as determined by us, may harm HowDo or users of the Service or expose use or them to liability;
- Use, reproduce, modify, distribute, reseller or otherwise exploit the Service or any portion thereof, including any Content, for any commercial purpose or any other purpose not expressly permitted by these Terms;
- Collect or store personal information about other users of the Service, or submit personal data on the Service without their express permission and authority to do so;
- Attempt to access or use the Service or the Content after your access or use has been terminated;
- Affect the way the Service displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Service;
- Use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Service, or otherwise use, access, or collect the Content, data or information from the Service using automated means;
- any automated means or manual process to access or use the Service or to monitor, collect or copy any Content;
- Use the Service or any Content for any commercial purpose or any other purpose not expressly permitted by these Terms, including without limitation for training a machine learning or artificial intelligence (AI) system or otherwise developing a software program; or
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Service or to manipulate your presence on the Service.
You agree to notify us if you suspect any activity in violation of these Terms, including this Acceptable Use Policy, and cooperate with our investigation of such violation.
NO WARRANTIES. THE CONTENT AND THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, HOWDO AND THE OTHER HOWDO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, AND FITNESS FOR A PARTICULAR PURPOSE.
Assumption of Risk. YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SERVICE; AND (ii) THAT THE SERVICE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, HAVE ANY LEVEL OF QUALITY OR MEET YOUR EXPECTATIONS. HOWDO MAKES NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES RELATING TO YOUR ACCESS TO AND USE OF THE SERVICE OR CONTENT.
No Advice or Reliance. The Content is not intended to be, should not be understood or construed as, and does not constitute business advice, innovation advice, financial advice, investment advice, trading advice, or any other advice. You should not rely on the Content as a basis for making any decision. You are solely responsible for evaluating any such decision to determine the appropriate course for you in light of all relevant circumstances and factors. Any use by you of the Content is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Content by you or anyone who may be informed of such Content.
Without limiting the prior paragraph, the Content does not constitute professional or expert advice in any regulated field, such as, but limited to, the financial, legal, or medical fields, and does not provide guidance in any such field. You should always consult with a qualified professional or expert for any such advice or guidance. Never disregard professional or expert advice or delay in seeking it because of something you have read or seen in the Content.
No Guarantee of Results. The Content relates to innovation, which is inherently risky. There is a high likelihood that any innovation will fail. Any case studies, testimonials, financial or other results or other examples contained in the Content are for illustrative purposes only, and do not guarantee any future performance or results. Each circumstance is different, and your results may vary. You are solely responsible for, and HowDo and the other HowDo Parties take no responsibility for, your work and its success or failure.
No Guarantees of Accuracy, Applicability, Fitness or Completeness. The Content is believed to be accurate, but HowDo and the HowDo Parties make no warranties as to its accuracy, applicability, fitness, or completeness and take no responsibility for any errors or omissions.
No Endorsement of Third Parties or Third-Party Opinions or Materials. Reference or links to any other person or entity or any product, service, website, content or other materials (collectively “Materials”) of any other person or entity does not imply endorsement by HowDo of such person, entity, or Materials. Any individuals or companies referenced or quoted have no official affiliation with HowDo unless explicitly stated, and their opinions do not necessarily reflect the views of HowDo. HowDo assumes no liability for any third party or their opinions or Materials.
Applicable law in some jurisdictions may not allow the disclaimer of certain warranties or liability, and the disclaimers in this Section will not apply to warranties or liability to the extent that such warranties or liability cannot be disclaimed under applicable law. However, to the extent that in a particular circumstance any disclaimer set forth in these Terms is prohibited by applicable law or held to be unenforceable, then the disclaimers in these Terms will apply to the maximum extent permitted by applicable law in that particular circumstance.
LIMITATIONS OF LIABILITY
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOWDO AND THE OTHER HOWDO PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, HOWDO AND THE OTHER HOW DO PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CONTENT OR SERVICE.
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CONTENT OR SERVICE IS TO STOP USING THE CONTENT AND SERVICE.
WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF HOWDO AND THE OTHER HOWDO PARTIES TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE CONTENT OR THE SERVICE IS LIMITED TO ONE HUNDRED US DOLLARS (US$ 100.00)
Applicable law in some jurisdictions may not allow the limitation or exclusion of certain damages or liability, such as damages or liability arising from our willful misconduct, and the limitations and exclusions in this Section will not apply to damages or liability to the extent that such damages or liabilities cannot be excluded or limited under applicable law. However, to the extent that in a particular circumstance any exclusion or limitation of damages or liability set forth in these Terms is prohibited by applicable law or held to be unenforceable, then the limitations on damages and liability in these Terms will apply to the maximum extent permitted by applicable law in that particular circumstance.
YOUR USE OF THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTY SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE APPLICABLE THIRD-PARTY TERMS.
You agree to indemnify, defend and hold harmless HowDo and the other HowDo Parties from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms, (b) your use of or activities in connection with the Content or the Service, or (c) your violation of applicable law. We reserve the right, at our own expense, to control the defense of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of HowDo or any of the other HowDo Parties or requires the taking of any action by any of them, without our prior written approval.
DIGITAL MILLENNIUM COPYRIGHT ACT
HowDo is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to our copyright agent at the address below describing such infringement (a “DMCA Takedown Notice”) with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
- 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
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notice should be sent to our copyright agent by email at firstname.lastname@example.org. You acknowledge that for HowDo to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
GOVERNING LAW AND RESOLUTION OF DISPUTES
These Terms are governed by the laws of the State of Colorado, without reference to conflict of laws principles.
If not resolved informally, every controversy or dispute relating to these Terms or your use of the Service or Content will be submitted to final and binding arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes that are in effect as of the time of the demand for arbitration. Judgment on the award made by the arbitrators, may be entered and enforced in any court of competent jurisdiction.
You and HowDo agree that any demand for arbitration or litigation claim must commence within one (1) year after the claim arises. Otherwise, such demand for arbitration or litigation claim is permanently barred.
You agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action.
You understand that you are waiving your rights to have a judge or jury decide your case or to be a party to a class or representative action. You understand and agree to have any claims decided individually and only through arbitration.
In the event that the arbitration provision set forth in this Section does not apply, you and HowDo agree that any litigation shall be subject to the exclusive jurisdiction of the Colorado state courts in Larimer, County, Colorado, or, in the event of federal jurisdiction, the federal court for the District of Colorado. In the event of litigation relating to these Terms, you and HowDo agree to waive any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service and Content are provided by Potintia, Inc., located in Portland, Oregon. If you have a question or complaint regarding the Service or Content please contact HowDo at email@example.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Notices. You agree that any notices by HowDo to you under this Agreement are effective upon posting to the Site or otherwise through the Service or by sending to you by email. You may send notices to HowDo by email to firstname.lastname@example.org.
Assignment. You may not assign or transfer any or your rights or obligations under this Agreement without our prior written consent. We may freely assign or transfer our rights and obligations under this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their respective legal representatives, successors and permitted assigns.
Entire Agreement. This Agreement is the entire agreement between you and HowDo with respect to your use of the Service and the Content
Relationship. This Agreement does not create any joint venture, agency, partnership or other relationship between you and HowDo. You do not have any authority to create any obligation or duty on behalf of HowDo.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Third Party Beneficiaries. Except as expressly stated in these Terms, there are no third party beneficiaries under this Agreement.
No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If we waive any breach of thesethis Agreement, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Cumulative Remedies. Except as otherwise expressly provided, all rights and remedies of each party to this Agreement will be cumulative, and the exercise of one or more rights or remedies will not preclude the exercise of any other right or remedy available under these Terms or in law or equity.
Injunctive Relief. You agree that your violation of these Terms may cause irreparable harm to HowDo for which monetary damages would be inadequate. You consent to HowDo obtaining any injunctive or equitable relief that it deems appropriate or necessary under the circumstances. The foregoing remedies are in addition to any other remedies HowDo may have.
USE OUTSIDE OF THE UNITED STATES
The Service controlled and operated by HowDo from the United States and are intended for a U.S. audience. HowDo does not represent or warrant that the Service or the Content or any part thereof is legally permitted under the laws of any jurisdiction other than the United States. In choosing to access the Service or Content you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable laws in your jurisdiction. We may limit the availability of the Service or Content or portion thereof to any person, geographic area or jurisdiction.