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THIS DOCUMENT SETS FORTH THE TERMS OF USE FOR HOW’S THE LIVING, INC. PLEASE READ
THE FOLLOWING TERMS OF USE CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU HAVE
READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS
OF USE, DO NOT USE THE SITE IN ANY MANNER. THESE TERMS OF USE DO NOT GOVERN WEBSITE
USE PRACTICES ASSOCIATED WITH ACTIVITIES OUTSIDE OF THE SITE.
1. Site Ownership
The Site, including all text, questions, comments, housing ratings, submissions,
suggestions, ideas, postings, comments, software, scripts, graphics, sounds, music,
interactive features, Image Submissions (as defined below), logos or graphic images
appearing therein, and the like (collectively, "Content") is protected by copyright,
trademark, patent, trade secret, and other laws. The Site is the property of HowsTheLiving
and/or third party licensors and all right, title and interest in the Site shall
remain with HowsTheLiving and/or such third party licensors. Nothing in these Terms
of Use transfers any rights to you or any third party except as expressly set forth
herein. The information on the Site is provided to help you learn about and use
HowsTheLiving' services only and may not be used for any other purposes. You agree
that whether or not such Content is published or posted, HowsTheLiving does not
guarantee any confidentiality with respect to any submissions. HowsTheLiving reserves
all rights not expressly granted in and to the Site and the Content.
2. Hyperlinks are Not Endorsements.
The Service may permit you to link to other websites or resources on the Internet,
and other websites or resources may contain links to the Website. When you access
third party websites or resources, you do so at your own risk. These other websites
and resources are not under Howstheliving’s control, and you acknowledge that Howsthelivingis
not responsible or liable for the content, functions, accuracy, legality, appropriateness
or any other aspect of such websites or resources. The inclusion of any such link
does not imply endorsement by Howstheliving or any association with its operators.
You further acknowledge and agree that Howstheliving shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any such content, goods or services
available on or through any such website or resource.
3. Description of Site
"Site" encompasses the HowsTheLiving website and all of its Content and policies,
any modifications, updates, enhancements, revisions, new features, and/or the addition
of any new web properties. HowsTheLiving reserves the right to make any Site changes
at any time and without prior notice, including without limitation, removing any
Content.
4. Registration
You may browse the Website and view Content without registering, but as a condition
to using certain aspects of the Service, you may be required to register with Howstheliving
and select a password and screen name ("User ID"). You shall provide Howstheliving
with accurate, complete, and updated registration information. Failure to do so
shall constitute a breach of the Terms of Use, which may result in immediate termination
of your Howstheliving account. You shall not (i) select or use as a User ID or domain
a name of another person with the intent to impersonate that person; (ii) use as
a User ID or domain a name subject to any rights of a person other than you without
appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise
offensive, vulgar or obscene. Howstheliving reserves the right to refuse registration
of, or cancel a User ID and domain in its sole discretion. You are solely responsible
for activity that occurs on your account and shall be responsible for maintaining
the confidentiality of your Howstheliving password. You shall never use another
user’s account without such other user’s express permission. You will immediately
notify Howstheliving in writing of any unauthorized use of your account, or other
account related security breach of which you are aware.
5. Site Use Restrictions.
The Site is for your
personal use only. You will not (i) post on or transmit to the Site any false, defamatory,
libelous, obscene, pornographic, profane, threatening, abusive, harassing, deceptive,
fraudulent, tortious, offensive, or unlawful materials or any materials that could
constitute or encourage conduct that would be considered a criminal offense or give
rise to civil liability, whether under statute, common law or equitable principles,
or otherwise violate any law; (ii) modify, copy, distribute, transmit, display,
perform, mirror, reproduce, publish, create derivative works from, transfer, sell,
lease, rent, sublicense, loan, share, give away or donate any information or Content
obtained from the Site; (iii) use the Site in any manner that violates any applicable
laws, regulations, orders, or other restrictions; (iv) circumvent, disable or otherwise
interfere with security related features of the Site or features that prevent or
restrict use or copying of any Content or enforce limitations on use of the Site
or the Content therein; (v) post advertisements or solicitations of business; or
(vi) impersonate another person. HowsTheLiving does not endorse any Content or any
opinion, recommendation, or advice expressed therein, and HowsTheLiving expressly
disclaims any and all liability in connection with Content. HowsTheLiving does not
permit copyright infringing activities and infringement of intellectual property
rights on its Site.
6. Terms of Use Changes
HowsTheLiving reserves the right to change or replace these Terms of Use at any
time at its sole discretion and without notice to you. All Terms of Use changes
are effective immediately. Your continued use of the Site following any Terms of
Use changes constitutes acceptance of those changes.
7. Termination
HowsTheLiving reserves the right to terminate at any time, at its sole discretion,
the Site, your use of the Site, and/or your use of HowsTheLiving's services. This
provision is void where prohibited by law and the right to access the service is
revoked in such jurisdictions.
8. Information
In the course of using the Site, you may be required to enter certain information,
including without limitation personal information, and school information (collectively,
"Information"). You agree to provide HowsTheLiving with correct Information, and
to update such Information on the Site promptly as reasonably necessary and as required
by the Site.
9. Your Warranty
You represent and warrant that you shall access, use, and provide Content to the
Site in accordance with all applicable federal, state, local and international laws
and regulations. By using the Site, including any applets, software, and Content
contained therein, you agree that use of the Site is entirely at your own risk.
You shall be solely responsible for the Content you post and the consequences of
posting or publishing it. In connection with Content, you affirm, represent, and/or
warrant that: (i) you own or have the necessary licenses, rights, consents, and
permissions to use and authorize HowsTheLiving to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all Content to enable
inclusion and use of the Content in the manner contemplated by the Site and these
Terms of Use; and (ii) you have the consent, release, and/or permission of each
and every identifiable individual person in the Content to use the name or likeness
of each and every such identifiable individual person to enable inclusion and use
of the Content in the manner contemplated by the Site and these Terms of Use. You
agree to pay for all royalties, fees, and any other monies owing any person by reason
of any Content posted by you to or through the Site.
10. Materials are the Property of HowsTheLiving
To the extent permitted by applicable law, any Content, excluding Image Submissions,
sent to HowsTheLiving ("Materials"), including but not limited to questions, comments,
housing ratings, submissions, suggestions, ideas, postings, comments or the like,
shall become the property of HowsTheLiving upon receipt. HowsTheLiving shall have
no obligation of any kind with respect to such Materials and shall be free to modify,
copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform,
copyright, create derivative works, distribute the Materials to others and otherwise
exploit the Materials without limitation. Further, HowsTheLiving shall be free to
use any ideas, concepts, knowhow or techniques contained in such Materials for any
purpose whatsoever, including but not limited to developing, manufacturing and marketing
products incorporating such information.
11. Image Submissions
The Site may permit the submission of photographic or video images or audio visual
works submitted by you and other users ("Image Submissions") and the hosting, sharing,
and/or publishing of such Image Submissions. By submitting the Image Submissions
to HowsTheLiving, you hereby grant HowsTheLiving a worldwide, non-exclusive, royalty-free,
perpetual, unlimited, sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the Image Submissions
in connection with the Site and HowsTheLiving's (and its successors) business, including
without limitation for promoting and redistributing part or all of the Site (and
derivative works thereof) in any media formats and through any media channels and
without any requirement of attribution.
12. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of
claimed copyright infringement on this Site should be sent ONLY to our Designated
Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS
REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR
TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE
CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE
CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL
IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER,
OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): How’s The Living, Inc.
Full Address of Designated Agent to Which Notification Should be Sent:
2450 E.J. Chapman Dr. / Suite 117 / Room 108 / Knoxville, TN / 37996 / USA
Attn: Business and Legal Affairs
Email Address of Designated Agent:
legal@HowsTheLiving.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed
Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to
act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where
the original or an authorized copy of the copyrighted work exists (for example,
the URL of the page of the website where it is lawfully posted; the name, edition
and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our website,
including as applicable its URL, so that we can locate the material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
13. Representation and Warranty Disclaimer
THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION CONTENT,
TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED
OR UNAFFILIATED WITH HOWSTHELIVING, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED
"AS IS" BY HOWSTHELIVING AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY
EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV)
OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR
IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE
CORRECTED; OR (VIII) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR
SOFTWARE PLATFORM. EFFORTS BY HOWSTHELIVING TO MODIFY THE SITE SHALL NOT BE DEEMED
A WAIVER OF THESE LIMITATIONS. HOWSTHELIVING SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS
OF USE, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, EVEN
IF HOWSTHELIVING WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.
In jurisdictions that prohibit the exclusion or limitation of liability for consequential
or incidental damages, HowsTheLiving' liability is limited to the greatest extent
permitted by law.
14. Indemnification
You shall indemnify, defend and hold harmless HowsTheLiving against any and all
claims, losses, liabilities, suits, damages and disputes, including attorneys fees,
made, suffered or incurred by any third party that arises from, relates to or is
caused by any breach by you of any covenant, representation or warranty contained
in these Terms of Use and/or your use of the Site, including without limitation
your sending Content to HowsTheLiving. In connection with any suit, action or proceeding
that may give rise to an obligation of you to indemnify a person as set forth above,
HowsTheLiving shall have the exclusive right, at its option, to defend, compromise
and/or settle the suit, action or proceeding, and you shall be bound by the determination
of any suit, action or proceeding so defended or any compromise or settlement so
effected. The remedies provided in this section are not exclusive of and do not
limit any other remedies that may be available to HowsTheLiving or any other party
to be indemnified pursuant to this section.
15. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout
for technical glitches that affect how the Site works. When we find them on our
end, we will fix them. Unfortunately, your home computer may cause some glitches
that affect how you see our Site -- and that is beyond our control.
We suggest that you take some of the following actions which may help to clean your
computer and which could prevent future installations of Malware.
* Update your computer via Windows Update (found in the Tools menu in your Internet
Explorer web browser).
* Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to
clean your computer of Malware.
* Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
* Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software
including Malware on your computer system. Please make sure to carefully read the
Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a
qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please
feel free to contact us admin@howstheliving.com.
16. Viewing Outside United States
Service Provider makes no claims that the Site may be lawfully viewed or accessed
outside the United States of America. Access to the Site may not be legal by certain
persons in certain countries.If you access the Service from other locations you
do so at your own initiative and are responsible for compliance with local laws.
17. Dispute Resolution (Arbitration Clause).
17.1 Arbitration
You and HowsTheLiving each agree to submit to binding arbitration in the event of
a dispute, controversy or claim (each, a "Claim") arising out of or in connection
with these Terms of Use, the Privacy Policy, your or HowsTheLiving' rights and obligations
under these Terms of Use or the Privacy Policy, the Site, the use of the Site, and/or
the services and/or products that may be provided by or through or in connection
with the Site. Except that to the extent you have in any manner violated or threatened
to violate HowsTheLiving' intellectual property rights, HowsTheLiving may seek injunctive
or other appropriate relief in any state or federal court in the state of Tennessee,
and you consent to exclusive jurisdiction and venue in such courts. The arbitration
will be held in Tennessee before one arbitrator on an individual basis and not as
a class action. You expressly waive any right you may have to arbitrate a dispute
as a class action. You also expressly waive your right to a jury trial. You may
select one of the following arbitration organizations and its applicable rules:
the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com),
or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com).
If you fail to select an arbitration organization within 30 days after notice from
HowsTheLiving, HowsTheLiving may select the organization. You may obtain a copy
of the rules of each organization by contacting the organization. In the event that
any Claim cannot be submitted to binding arbitration pursuant to the rules of any
such organization, such event shall not affect the enforceability of this clause
so long as the Claim may be submitted to binding arbitration with one of the organizations.
You and HowsTheLiving shall agree on one arbitrator to conduct the arbitration and
the arbitrator shall be selected pursuant to the applicable rules. Each party shall
be responsible for its own attorney, expert and other fees, unless such fees are
awarded by the arbitrator to the prevailing party.
17.2 Arbitration
The arbitrator's award is final and binding on all parties. The Federal Arbitration
Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs
all arbitration under this clause. Any court having jurisdiction may enter judgment
on the arbitrator's award. If any part of this clause, other than waivers of class
action rights, is deemed or found to be unenforceable for any reason, the remainder
shall remain enforceable. Notwithstanding anything to the contrary contained herein,
if the waiver of class action rights contained herein is not enforceable as to any
person or persons, the provisions of Section 17 of these Terms of Use shall apply
to such person or persons only, and all other persons shall continue to be governed
by the Arbitration Clause.
17.3 No Class Action
These Terms of Use provide that all Claims will be resolved by binding arbitration
and not in court or by jury trial. IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT
TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU
MAY HAVE AGAINST THE COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION
OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS
TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
17.4 Waiver
If you are a California resident, to the extent permitted by California law, you
waive California Civil Code Section 1542, which states: "A general release does
not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor" as well as any other unknown claims under
California Civil Code Section 1542 or any statute or common law principle of similar
effect.
There are various parental control and filtering products and services commercially
available that may assist you in limiting access that is harmful to minors. The
following links/organizations provide information related to these products and
services:
- The Federal Trade Commission's e-commerce and internet safety website, accessible
at www.onguardonline.gov.
- The National Center for Missing and Exploited Children, accessible online atwww.missingkids.com
- Net nanny, accessible at www.netnanny.com
- Cybersitter, accessible at www.cybersitter.com
18. Jurisdiction and Venue
THESE TERMS OF USE ARE ENTERED INTO AND GRANTED IN THE STATE OF TENNESSEE AND SHALL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE
AND THE UNITED STATES OF AMERICA, EXCLUDING ANY LAW OR CONFLICTS OF LAW PRINCIPLE
THAT WOULD APPLY THE LAW OF ANOTHER JURISDICTION. TO THE EXTENT A CLAIM IS NOT GOVERNED
BY THE ARBITRATION CLAUSE, EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CONTROVERSY OR
CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE ONLY IN THE
FEDERAL OR STATE COURT WITH COMPETENT JURISDICTION LOCATED IN KNOXVILLE, TENNESSEE.
YOU CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH
ACTION. IN ADDITION, AND NOTWITHSTANDING THE FOREGOING, YOU IRREVOCABLY WAIVE, TO
THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER
HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN
ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN
ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. FINAL JUDGMENT IN ANY
SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND
BINDING UPON YOU AND MAY BE ENFORCED IN ANY COURT IN WHICH YOU ARE SUBJECT TO JURISDICTION
BY A SUIT UPON SUCH JUDGMENT.
19. Waiver of Trial By Jury
TO THE EXTENT A CLAIM IS NOT GOVERNED BY THE ARBITRATION CLAUSE, YOU HEREBY WAIVE
THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING,
WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY IS A PARTY, AS TO
ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRIVACY POLICY,
YOUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, THE
SITE, THE USE OF THE SITE, AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED
BY OR THROUGH OR IN CONNECTION WITH THE SITE.
20. Severability and Merger
Except as otherwise expressly provided by these Terms of Use, if any provision of
these Terms of Use shall be held to be invalid or unenforceable for any reason,
the remaining provisions shall continue to be valid and enforceable. If any provision
of these Terms of Use is invalid or unenforceable, but that by limiting such provision
it would become valid and enforceable, then such provision shall be deemed to be
written, construed and enforced as so limited. These Terms of Use constitutes the
entire agreement between you and HowsTheLiving and they supersede all prior or contemporaneous
communications, promises and proposals, whether oral, written or electronic, between
you and HowsTheLiving with respect to the Site, the use of the Site and/or the services
and/or products that may be provided by or through or in connection with the Site.
21. Parties in Interest
These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable
by the parties to these Terms of Use and their respective successors, heirs, legatees,
personal representatives and permitted assigns. No assignment, delegation or other
conveyance of these Terms of Use or of any rights or obligations hereunder may be
made by you (by operation of law or otherwise) without the prior written consent
of HowsTheLiving. HowsTheLiving may assign its rights and obligations under these
Terms of Use to any other party.
22. HowsTheLiving Contact Information
If you have any questions or comments regarding these Terms of Use or the Site,
please contact HowsTheLiving using one of the options below:
How’s The Living, Inc.
2450 E.J. Chapman Dr.
Suite 117, Room 108
Knoxville, TN 37996
Attn: Business and Legal Affairs
E-Mail: legal@HowsTheLiving.com
Site: www.HowsTheLiving.com
Effective date: November 3, 2010
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