| Howzit Industries WEB SITE TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND Howzit Industries The Howzit Industries Web Site is comprised of various Web sites and Web pages operated by Howzit Industries or its affiliates (collectively, the "Howzit Industries Web Sites"). The Howzit Industries Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Howzit Industries Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Howzit Industries Web Site included within the Howzit Industries Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to any of the Additional Terms, click on the link below: Additionally, the Howzit Industries Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Howzit Industries Web Site, then these terms shall control. PRIVACY AND PROTECTION OF PERSONAL INFORMATION See the Privacy Statement at www.Howzitcomputer.com/privacy.html for disclosures relating to the collection and use of your personal information. MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular Howzit Industries Web Site, or any product or service offered on any Howzit Industries Web Site (each a "Howzit Industries Site/Service", and collectively "Howzit Industries Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Howzit Industries immediately of any unauthorized use of your account or any other breach of security. Howzit Industries will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Howzit Industries or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USE Howzit Industries reserves the right to change the terms, conditions, and notices under which the Howzit Industries Sites/Services are offered, including but not limited to the charges associated with the use of the Howzit Industries Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Howzit Industries Sites/Services constitutes your agreement to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Howzit Industries Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Howzit Industries Sites/Services. Without the advance express written permission of Howzit Industries, you may not 'meta-search' the Howzit Industries Sites/Services, send, or cause to be sent, any automated queries of any sort to the Howzit Industries Sites/Services, or use the Howzit Industries Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any Howzit Industries Sites/Services to determine how a web site "ranks" on any Howzit Industries Sites/Services. LINKS TO THIRD PARTY SITES The Howzit Industries Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Howzit Industries and Howzit Industries is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Howzit Industries is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Howzit Industries responsible if the Linked Site is not working appropriately. Howzit Industries is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Howzit Industries of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Howzit Industries Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Howzit Industries shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Howzit Industries Sites/Services, you will not use the Howzit Industries Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Howzit Industries Sites/Services in any manner that could damage, disable, overburden, or impair any Howzit Industries Site/Service(s) (or the network(s) connected to any Howzit Industries Site/Service(s)) or interfere with any other party's use and enjoyment of any Howzit Industries Site/Service(s). You may not attempt to gain unauthorized access to any Howzit Industries Site/Service, other accounts, computer systems or networks connected to any Howzit Industries Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Howzit Industries Sites/Services. USE OF SERVICES The Howzit Industries Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Howzit Industries has no obligation to monitor the Communication Services. However, Howzit Industries reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Howzit Industries reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Howzit Industries reserves the right at all times to disclose any information as Howzit Industries deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Howzit Industries's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Howzit Industries does not control or endorse the content, messages or information found in any Communication Service and, therefore, Howzit Industries specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Howzit Industries spokespersons, and their views do not necessarily reflect those of Howzit Industries. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO Howzit Industries OR POSTED AT ANY Howzit Industries WEB SITE Howzit Industries does not claim ownership of the materials you provide to Howzit Industries (including feedback and suggestions) or post, upload, input or submit to any Howzit Industries Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Howzit Industries, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Howzit Industries Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Howzit Industries Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. Howzit Industries is under no obligation to post or use any Submission you may provide and Howzit Industries may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. SOFTWARE AND CONTENT AVAILABLE THROUGH THE Howzit Industries SITES/SERVICES All content and software (if any) that is made available to view and/or download in connection with the Howzit Industries Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Howzit Industries LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Howzit Industries LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Howzit Industries Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Howzit Industries SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Howzit Industries SITES/SERVICES AND TO THE INFORMATION THEREIN. Howzit Industries AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Howzit Industries SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE Howzit Industries SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Howzit Industries LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Howzit Industries SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Howzit Industries AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Howzit Industries SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN Howzit Industries SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Howzit Industries IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Howzit Industries IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN Howzit Industries SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL Howzit Industries AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Howzit Industries SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE Howzit Industries SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Howzit Industries SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE Howzit Industries SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Howzit Industries OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Howzit Industries SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Howzit Industries SITES/SERVICES. STORAGE SPACE AND OTHER LIMITATIONS You agree that Howzit Industries may establish limits concerning use of any Howzit Industries Service offered on an Howzit Industries Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Howzit Industries Service, the maximum number of e-mail messages that may be sent from or received by an account on any Howzit Industries Service, the maximum size of an e-mail message that may be sent from or received by an account on any Howzit Industries Service, the maximum disk space that will be allotted on Howzit Industries's servers on your behalf, and the maximum number of times and duration you may access any Howzit Industries Service in a given period of time. You agree that Howzit Industries has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Howzit Industries Service. You acknowledge that Howzit Industries reserves the right to log off accounts that are inactive for an extended period of time. Howzit Industries MAKES NO WARRANTY THAT ANY Howzit Industries SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SERVICE CONTACT: info@Howzitcomputer.com TERMINATION/ACCESS RESTRICTION Howzit Industries reserves the right, in its sole discretion, to terminate your access to any or all Howzit Industries Sites/Services and the related services or any portion thereof at any time, without notice. Howzit Industries may also terminate or suspend your access to Howzit Industries Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Howzit Industries. The amount of time that Howzit Industries currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Howzit Industries Site/Service, your right to use the Howzit Industries Site/Service immediately ceases. Howzit Industries shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. NO SPAM; DAMAGES Howzit Industries will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Howzit Industries liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Howzit Industries's actual damages, to the extent such actual damages can be reasonably calculated. LANGUAGE It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. GENERAL This agreement is governed by the laws of the State of Hawaii, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the Big Island, Hawaii, U.S.A. in all disputes arising out of or relating to the use of the Howzit Industries Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Howzit Industries as a result of this agreement or use of the Howzit Industries Sites/Services. You agree to indemnify and hold Howzit Industries, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Howzit Industries Sites/Services. Howzit Industries reserves the right to disclose any personal information about you or your use of the Howzit Industries Sites/Services, including its contents, without your prior permission if Howzit Industries has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Howzit Industries or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Howzit Industries's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Howzit Industries's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Howzit Industries Sites/Services or information provided to or gathered by Howzit Industries with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Howzit Industries with respect to the Howzit Industries Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Howzit Industries with respect to the Howzit Industries Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES: All contents of the Howzit Industries Web Sites are: Copyright (c) 2000 - 2001 Howzit Industries LLC and/or its suppliers, Box 175, Kamuala, Hawaii 96743 U.S.A. All rights reserved. TRADEMARKS. Howzit Industries, StressBucks, HowzitComputer, The Howzit Industries Network, and/or other Howzit Industries products referenced herein are either trademarks or registered trademarks of Howzit Industries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FOR INFORMATION REGARDING THE Howzit Industries.COM PRIVACY STATEMENT CLICK HERE.
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