Terms of Service
These Terms govern the use of the websites and online services owned and operated by Howzzat Inc. (“Howzzat”, “we”, “us”, or “our”), including the website www.howzzat.co (the “Site”), and the services provided via the Site (the “Services”). By using the Sites and/or Services, you confirm that you agree to become bound by these Terms and that you agree to comply with them. If you do not agree to all the Terms, you may not access the Site or use the Services.
Modifications of Terms
Amendments to these Terms can be made and effected by us from time to time without specific notice to your end. The Terms posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site. Any such changes are binding on you.
Use of the Services
Our Services provide e-commerce sales conversions of visitors on our client’s website. You may use the Site and Services for lawful purposes only, but in no event shall you use such:
- If you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our Site, Services, or tools.
- To collect information about users’ personal information, including any information defined under EU data protection laws as Personal Data.
- To post false, inaccurate, misleading, defamatory, or libelous content.
- In any way that violates these Terms or any applicable law or regulation or has any unlawful or fraudulent purpose or effect.
- To engage in any way in unlawful, unsolicited or unauthorized advertising or promotional material or similar solicitation.
- To introduce malicious programs into Howzzat’s network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) or attack our Site via a denial-of-service attack or a distributed denial-of service attack.
In addition, you agree:
- Not to attempt to gain unauthorized access to our Services, the server on which our Services are stored, or any server, computer or database connected to our Services.
- Protect the confidentiality of your account and password. You must immediately notify us of any unauthorized use of them or any other breach of security.
- To comply with all applicable laws, statutes and regulations concerning your use of our Services.
- Not to reproduce, duplicate, copy or re-sell our Site or Services or any portion thereof in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt any part of our Site or Services, including any equipment or network used to store or provide such.
- Not to access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security or authentication measures of Howzzat’s Site or Services (including, without limitation, any equipment or network storing such, any software used to provide such, or any equipment or network or software owned or used by any third party).
Your account and password
By using our services, you warrant that you are at least 18 years old. When you register an account for our services, you will be asked to provide information about yourself. Such information should be true and accurate, and you should ensure it is kept up-to-date.
If you choose to use our services and register as a user, you will be provided with a user identification code and password. You may also be required to provide further information as part of our security procedures. You must treat any such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
Term and Termination
These Terms will remain in full force and effect while you use our Services. You may terminat+e your Service with us at any time. You may discontinue use of our Services by removing our code from your website. We may terminate our Service to you for any reason at any time. Even after your Service is terminated, certain sections of these Terms will remain in effect. We reserve the right at our sole discretion to determine whether there has been a breach of these Terms through your use of our Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND SITE ARE PROVIDED BY HOWZZAT ON AN “AS IS, AS AVAILABLE” BASIS, HOWZZAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SERCURITY OR FITNESS FOR A PARTICULAR PURPOSE. HOWZZAT MAKES NO GUARANTEES THAT YOUR USE OF THE SITE OR SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE OUR SERVICES OR SITE OR ANY PART OF IT AT ANY TIME. HOWZZAT SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOWZZAT DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
HOWZZAT DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL BE UNINTERUPTED OR OPERATE ERROR-FREE OR THAT ITS SERVICE, SITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. IF THE USER`S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HOWZZAT IS NOT RESPONSIBLE FOR THOSE COSTS. WHEN YOU USE OUR SERVICES OR SITE, YOU UNDERSTAND AND AGREE THAT SUCH USE IS AT YOUR OWN RISK.
HOWZZAT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HOWZZAT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOWZZAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
You agree to indemnify and hold Howzzat (and its partners, affiliates, directors, officers and employees) harmless, from and against any claim or demand (including reasonable legal fees) arising from any violation by you of these Terms. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at our expense.
Intellectual Property Rights
You hereby acknowledge that Howzzat is the owner or licensee of all rights, titles and interests, including but not limited to rights covered by the intellectual property rights (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software), in and to our Site and Services. All rights not expressly granted under these terms are reserved by Howzzat.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
You may not use any data mining, robots, web-crawlers, or similar data gathering or extraction tools with respect to the Site or Services. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any part of the Site or Services for any public or commercial purpose.
You agree not to disclose information you obtain from us. All information submitted to by an end-user customer is proprietary information of howzzat.co and its licensees. Such End User Data is confidential and may not be disclosed. Publishers agree not to reproduce, disseminate, sell, distribute, or commercially exploit any such proprietary information in any manner.
Howzzat subscriptions, advertising, and retargeting are non-refundable and Howzzat is not obligated to provide you a refund at any time. We may, at our discretion, provide credits toward future subscription, advertising, or retargeting charges on a case-by-case basis.
Data Rights and Retailer Privacy
To the extent that Howzzat processes any Personal Data as part of the Data that is subject to the General Data Protection Regulation (the “GDPR”), on your behalf, in the provision of the Services hereunder, the terms of the Howzzat Data Processing Agreement, which are hereby incorporated by reference, shall apply
Third Party Sites and Linked Content
You consent to receiving electronic communications from us and represent and warrant that the recipient of every electronic communication sent in connection with your use of our Site and Services has agreed to receive such and that you shall not use the Site or Services to send unlawful, unsolicited electronic communications.
Governing Jurisdiction of the Laws of New York
These Terms shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of law’s provisions or your actual state or country of residence.
If there are any questions regarding this our Terms, you may contact us at [email protected].