TERMS OF USE

LAST MODIFIED: February, 2021

Welcome to HowDo! The HowDo.com website (the “Site”) its subdomains, affiliated websites and applications, mobile versions and any products or services (“Services”) and the information, materials, services, and other content available on or through the Site (“Content”) is owned and operated by Potintia, Inc, a Delaware corporation with its principal offices in Fort Collins, CO (“HowDo,” “we” or “us”).

YOUR AGREEMENT TO THE TERMS OF USE

BY ACCESSING OR USING THE SITE, YOU HEREBY AFFIRM THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (THE “TERMS”).  THE TERMS TOGETHER WITH THE PRIVACY POLICY (LOCATED HERE) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HOWDO.

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 SITE. 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 SITE.  YOU MAY NOT ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS.

YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

HowDo and its officers, directors, owners, employees, agents, representatives, suppliers and service providers (collectively, the “HowDo Parties”) provide the Site for informational purposes only.  Use of and access to the Site, Services and Content are subject to these Terms and all applicable laws.

IMPORTANT ARBITRATION NOTICE: IF YOU ARE IN THE UNITED STATES 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 SECTION 15 BELOW.

CHANGES TO THE SITE OR TERMS

  • Changes to the Site. HowDo reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) at its sole discretion with or without notice to you. You agree that HowDo will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site.
  • 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 Site, the Content, the Services or any other matter, in its sole discretion. Any modification to the Terms shall become effective when posted on the Site. ANY ACCESS TO OR USE OF THIS SITE OR ANY CONTENT OR SERVICES 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.

ACCOUNT

Some HowDo Services may require You to establish an account. You will need to provide some information about yourself to set up an account, and we will handle such information in accordance with our Privacy Policy. You are responsible for your account, including maintaining the confidentiality and security of your user name, password or other account credentials.

TERM AND TERMINATION

  • Term and Termination. These Terms will remain in full force and effect while you access and use the Site. HowDo may terminate and block your access to the Site 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.  In the event of termination with respect to you, you will no longer be authorized to access or use the Site or any Content.
  • 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.
  • Survival. In the event of termination of these Terms or termination of your access to and use of the Site, Sections 4 (Term and Termination), 6 (Intellectual Property Rights), 7 (Disclaimers and Limitation of Liability), 12 (Indemnification) and 15 (Governing Law and Resolution of Disputes) of these Terms shall survive and continue in full force and effect. Further, all rights granted by you shall remain in full force and effect and HowDo shall be permitted, but shall not have any obligation, to delete any of your personal data collected in the operation of the Site unless otherwise required by law.

LICENSE 

  • License Grant. Subject to these Terms, HowDo grants you a personal, non-assignable, non-transferable, non-exclusive, revocable, limited license to use and access the Site, Content and Services solely for your own personal, non-commercial use. HowDo reserves all rights not expressly granted to you by these Terms. Unauthorized access to or use of the Site, Content or Services 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 Site, the Content, the Services, any technology or software relating thereto, or any portion of any of the foregoing.
  • No Reproduction of Content. Unless specifically permitted herein, no Content on the Site may be reproduced in any form or used by you without the prior written consent of HowDo.

INTELLECTUAL PROPERTY RIGHTS

  • Ownership. The Site, the Content and the Services are the property of HowDo and/or its licensors. The Site, the Content and the Services are 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 Site, the Content and Services.
  • HowDo Trademarks. Trade names, trademarks and service marks of HowDo include, without limitation, HowDo and any associated logos (the “HowDo Trademarks”).  All trademarks and service marks on the Site not owned by HowDo are the property of their respective owners.  Nothing contained on the Site 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.
  • Copyright Notices. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times

DISCLAIMERS AND LIMITATIONS OF LIABILITY

  • THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOWDO EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, AND FITNESS FOR A PARTICULAR PURPOSE.
  • YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT OBTAINED THROUGH OR FROM THE SITE; AND (ii) THAT THE SITE 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 SITE 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 SITE OR CONTENT. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF HOWDO OR ANY OF THE HOWDO PARTIES.
  • YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOWDO IS 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 WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, CONTENT OR SERVICES.
  • YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT AND SERVICES IS TO STOP USING THE SITE, CONTENT AND SERVICES.
  • WITHOUT LIMITING THE FOREGOING, HOWDO’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE, THE CONTENT OR THE SERVICES IS LIMITED TO ONE HUNDRED US DOLLARS (US$ 100.00)
  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF HOWDO AND THE HOWDO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

YOUR RESPONSIBILITIES

By visiting the Site and using the Content and/or Services, You agree to the following responsibilities:

  • HowDo Content and Services are solely for non-commercial purposes.
  • You are solely responsible for your progress and results from the Content and Services;
  • You understand that because of the nature of the Content and Services, the results You experience may significantly vary;
  • You acknowledge that, as with any business endeavor, there is an inherent risk of loss or failure and there is no guarantee that You will reach your goals as a result of using the Content or Services; and
  • The Content and Services 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 what you accomplish with the Content and Services.

ACCEPTABLE USE POLICY

You agree that you shall not:

  • post material that is known by you to be false, inaccurate or misleading;
  • post material that violates, infringes or misappropriates any person’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right;
  • post material that violates any applicable law;
  • post material that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language;
  • post material that contains any computer viruses, worms or other potentially damaging computer programs or files;
  • Download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner;
  • Restrict or inhibit any other user from using and enjoying any area within the Site;
  • Collect or store personal information about other users of the Site, or submit personal data on the Site without their express permission and authority to do so;
  • Attempt to access or use the Site or the Content after your access or use has been terminated;
  • Affect the way the Site displays Content (including any pages contained therein) other than through adjustments to your browser or display settings to facilitate your personal viewing of the Site;
  • Use any automated means to access or use the Site or to collect any Content;
  • Modify or create variant versions of the HowDoTrademarks;
  • Interfere with or disrupt the Site or the infrastructure;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site;
  • Take any action that imposes an unreasonably or disproportionately large load on the Site or its infrastructure;
  • Engage in any acts or omissions that violate of applicable law
  • You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.

THIRD-PARTY SITES

HowDo may provide hyperlinks to websites operated by third parties (“Third Party Sites”).  When you select these hyperlinks you will be leaving the Site.  HowDo has no control over Third Party Sites or their content and is not responsible for the availability of Third Party Sites or their content. HowDo does not adopt, endorse or nor is responsible or liable for any Third Party Sites or content, including advertising, products or other materials, on or available through Third Party Sites.  HowDo provides access to these Third-Party Sites only as a convenience to You.
Third Party Sites may provide links to the Site or Content with or without our authorization.  HowDo does not endorse Third Party sites and is not responsible or liable for any links from Third Party Sites to the Site or Content, or for any content, advertising, products or other materials available on or through Third Party Sites, or any loss or damages incurred in connection therewith.  HowDo may, in its sole discretion, block links to the Site and Content without prior notice.
YOUR USE OF THIRD PARTY SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTY SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.

ELECTRONIC SIGNATURES

You agree that by your electronic signature you expressly agree to these Terms and to any other aspects of the Site to which you provide an electronic signature. You agree that your electronic signature constitutes your agreement to be bound and to enter into a legal agreement with HowDo.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the 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 Site, the Content or the Services, 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 any of the HowDo Parties or requires the taking of any action by any of them, without our prior written approval.

SUBMISSIONS

HowDo welcomes all comments, feedback, information or materials submitted through the Site (“Submissions”). By providing Submissions to HowDo, you agree to grant HowDo, at no charge, a worldwide, non-exclusive, irrevocable, perpetual, license to use, modify, reproduce, distribute and sub-license the Submissions. HowDo shall be free to use and/or disseminate Submissions on an unrestricted basis for any purpose. You are responsible for the Submissions that you provide, and you, not HowDo, have full responsibility for their accuracy, legality, quality and reliability.

DIGITAL MILLENIUM COPYRIGHT ACT

In accordance with the Digital Millenium Copyright Act, 17 U.S.C. Section 512(c)(2), notifications of claimed copyright infringement on the Site should be sent to our copyright agent at the address below, including the following information:

  • Your name, address, email address and telephone number;
  • The copyrighted work that you claim has been infringed;
  • The allegedly infringing material (including the URL);
  • A statement that declares under penalty of perjury that (a) you are the owner of a copyright interest at issue, or you are authorized to act on behalf of the owner, (b) you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law, and (c) the information in your notice is accurate; and
  • Your signature (physical or electronic).

Copyright Agent
Potintia, Inc.

Fort Collins, CO
Email: do@howdo.com

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 Site 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 HowDo Site, Content and Services are provided by Potintia, Inc., located in Fort Collins, Colorado. If you have a question or complaint regarding the HowDo Site, Content and Services, please contact HowDo at do@Howdo.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.

MISCELLANEOUS

  • Notices. You agree that any notices under these Terms are effective upon posting to the Site or by sending to you by email. You may send notices to HowDo by email to do@howdo.com.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms. These Terms shall be binding upon and inure to the benefit of the parties, their respective legal representatives, successors and permitted assigns.
  • Entire Agreement. These Terms are are the entire agreement between you and HowDo with respect to Your use of the Site. .
  • Relationship. These Terms do 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 these Terms 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,
  • Waiver. The failure of HowDo to exercise any right provided for under these Terms will not waive that right.

USE OUTSIDE OF THE UNITED STATES

The Site is controlled and operated by HowDo from the United States, and is intended for a U.S. audience.  HowDo does not represent or warrant that the Site or any part thereof is legally permitted under the laws of any jurisdiction other than the United States.  In choosing to access the Site, 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 Site’s availability to any person, geographic area or jurisdiction.