Terms of Use & Service

2.1. How Howly Services Work

Howly is an informational and educational platform that provides an opportunity for users seeking advice or assistance (the “Customers”) to ask questions on the Website and receive answers from users with specific knowledge and skills (the “Experts”). The Customers and the Experts are collectively referred to as the “Users”.

Howly solely facilitates communication between the Customers and the Experts. Howly does not provide or sell information or education that is within any Expert’s area of expertise. Howly is not involved in the communication between the Customers and the Experts, does not refer the Customers to the Experts or endorse or recommend particular Experts and does not generate any kind of the Content (as defined in Section 2.3.) for the Users.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Website and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Website is not the appropriate venue to deal with such situations.

Please note that some of the communications you receive on the Website, such as basic questions asked before you sign up, greetings, opening lines may be provided by the automatic bot rather than the Experts. The substantive responses are never provided by the automatic bot.

2.2. The Experts

The Experts are not employees or agents of Howly but are independent service providers using the Website to promote their knowledge to the Customers and, as such, together with the Customers, are the Users of the Website. The term “Expert” is used by Howly and on the Website solely to describe the Users who answer questions on the Website, and does not guarantee any particular level of qualification, education or expertise of these Experts.

Howly does not verify and does not warrant or guarantee the Expert's purported identity. Some Experts on the Website may get the status of a “verified Expert” visible to all Users. If an Expert is verified, it means that we have verified at least one credential relevant to the category in which that Expert is answering questions. Such credentials may include relevant education, training, professional experience or other relevant expertise, or background. Some Experts may choose to use a professional nickname in their profile visible to Users and not to use their real name and/or photo.

The results of the verifications are only as accurate as the information provided by Experts, as of the time such information is provided to Howly. For these reasons, Howly may not and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials of Experts and information provided by Experts.

The Experts determine which questions to answer and which response to provide on their own. The Expert may provide basic advice or other information, including recommendations on how a certain problem may be fixed or otherwise addressed. No technical or physical repairs are delivered via the Website and the Expert will not perform any such repairs.

Howly does not warrant or guarantee that you will receive a response from an Expert or that you will be satisfied with your communication with an Expert.

Howly shall not be liable for any acts or omissions of the Experts, the ability of the Experts to answer questions, any loss or damages caused by your reliance on any information or Content contained on the Website or for any disputes that may arise between or among Users.

2.3. Disclaimers regarding Reliance on Content

The Users are responsible for their acts and omissions and any information, materials, ideas, comments and testimonials submitted in their questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and other places where the Users communicate on the Website (collectively “Content”).

Howly does not warrant or guarantee that any Content from any User or third party on the Website is accurate, correct, complete, or reliable. Such Users or third parties are solely responsible for such Content. Howly does not hold any responsibility in this regard.

You understand and acknowledge that Howly cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the Content. Notwithstanding the foregoing, Howly reserves the right, but is not obliged, to refuse to post or to remove any Content and/or remove any User’s access to the Website.

Answers of the Experts on the Website are provided by the Experts and are to be used by the Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. No professional-client relationships shall be formed on the Website. Communications on this Website are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Please note that we shall not be liable for any loss or damage arising from your reliance on information or other Content posted on the Website or transmitted to or by any User or third party.

2.4.Disclaimer of Privacy, Confidentiality or Anonymity of the Content

The Content on the Website is neither private or confidential, nor protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Content to allow them to appear in search engine results (e.g., if someone does a search on google.com or another search engine, your questions, answers, and other Content on Howly.com that relate to the search may appear in the search results list). To help protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Content.

2.5. Disclaimers regarding Communication with Lawyers

Certain Experts may provide consultations in the field of legal information. Such Experts are referred to as Lawyers.

You understand and acknowledge that:

• The Lawyer is not your attorney. The Lawyer only provides general legal information, not legal advice.
• The information provided by the Lawyer is not guaranteed to be correct, complete, or up-to-date. Before acting on the general legal information, you should hire a lawyer licensed to practice law in the jurisdiction to which your question relates.
• You do not enter into attorney-client relationships with Howly or the Lawyer.
• Any information you provide to Howly or the Lawyer or the responses of the Lawyer are not private or confidential or protected by the attorney-client privilege.
• Answers from Lawyers on Howly are not substitutes for the advice of an attorney. The Lawyer does not apply the law to the facts of your situation, or propose you a specific cause of action, or provide opinions or recommendations about your legal rights, remedies, defenses, options, strategies, selection of forum, or review any information you provide to the Lawyer for legal accuracy or sufficiency.
• Communications with the Lawyer are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
• The laws, regulations, rules, standards, practices, and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Lawyers may be educated, licensed, certified, or have experience in only particular jurisdictions.

Howly is not an “attorney referral service,” or a law firm, does not provide legal or tax advice or representation.

Howly Services do not include legal insurance or constitute an insurance product.

The term “Lawyer” is used by Howly and on the Website solely to describe the Experts who answer questions on the Website related to legal information, and does not guarantee any particular certification, level of qualification, education or expertise of these Lawyers. Whenever we use the term “Expert” in these Terms, it shall also include “Lawyer”.

2.6. Howly Docs Service

Howly allows its Users to access, fill out, edit and download various forms (“Forms”). Howly may also allow you to edit and convert your own PDF files.

Howly is not affiliated with IRS, Social Security Administration, U.S. Citizenship and Immigration Services or any other authority or government agency.

Forms provided on Howly are to be used by Users for general information purposes only, not as a substitute for in-person evaluation or specific professional (legal, tax, financial, etc.) advice. Howly does not provide advice or any professional service to Users. Howly is not acting as an agent for any Howly User. No professional-client relationships shall be formed on Howly.

Howly does not warrant or guarantee that any Form is accurate, correct, complete, or reliable. Howly does not hold any responsibility in this regard. Howly shall not be liable for any loss or damage arising from your reliance on the Form.

3.1. Eligibility

To create an account on Howly, you shall be at least 18 years old (or of the reciprocal age of majority in your state or jurisdiction) and able to form legally binding contracts. We do not knowingly collect personal information from children under 18 years of age.

3.2. Registration

You may create an Howly account as a Customer or an Expert.

In the course of registration of an account, you need to provide us a valid email address, and/or other information as prompted by the registration form or as required by applicable law. We may also allow you to register by using your social network credentials.

3.3. Account Security

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Howly of any unauthorized use of your password or account. You should only create one account on the Website.

Unless expressly permitted in writing by Howly, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. Howly reserves all available legal rights and remedies to prevent its unauthorized use, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

You agree to keep your contact and billing information (including but not limited to email address) true, accurate, complete and up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Howly accounts.

4.1. Paid Trial

We may offer a paid (for a small payment) trial for the service.

If you do not cancel your trial during the 7-day trial period, you will be automatically charged the full Subscription Fee indicated on the payment page at the end of the 7-day trial period. We may also from time to time offer discounted offers that automatically renew at the full not discounted price after the end of the discount period.

4.2. Subscription

The Service is offered on a subscription basis for a fee (Subscription). The subscription renews automatically until you cancel. By purchasing a trial or a Subscription, you agree that you will be charged the applicable Subscription Fee at the beginning of your subscription period and on each renewal date thereafter until you cancel, at the then-current Subscription Fee. The subscription period is either one month (a 28-day period) or one year (a 365-day period).

If you do not cancel your trial during the 7-day trial period, you will be automatically charged the full Subscription Fee indicated on the payment page at the end of the 7-day trial period. We may also from time to time offer discounted offers that automatically renew at the full not discounted price after the end of the discount period.

All prices applicable to you are stated on the payment page; please always read the payment page carefully. We may charge any of the fees in a single transaction or in a number of separate transactions.

4.3. Tariffs

Tariffs for the use of the Website may be as follows (depending on the region):

• A one-time trial fee of 1 USD, 1.5 USD, 2 USD, 5 USD or 10 USD or for the 7-day trial
• A subscription fee of 39.9 USD, 49 USD, 59.9 USD or 74 USD that is charged monthly (every 28 days)
• A subscription fee of 299 USD that is charged annually (every 365 days)
• A one-time fee of 1 USD per one PDF file with tips from the Experts or 5 USD for 6 PDFs

The prices may vary depending on your region and other factors. Please always pay attention to the prices stated on the payment page.

PDFs cover the following topics:

• Make Sure You Won't Get Hacked: 5 Simple Tips For Making Your Online Accounts More Secure
• 5 Proven Ways To Make Your Mac Run Faster
• 5 Efficient Tips To Speed Up Your Windows Computer
• 5 Most Helpful Online Security Tips
• A 10-Step Guide On Protecting Your Personal Data Online
• 10 Unobvious Things That Slow Down Your Computer

PDFs may also include other tips prepared by our team.

4.4. Payment method

Payment will be charged to the payment method you provided at the time of purchase at the payment page (after entering your payment method details). You authorize us (or our third-party payment processor) to automatically charge the applicable Subscription Fees on each renewal date to the payment method that you provided until you cancel your Subscription.

You authorize Howly to supply your payment details to a third-party payment provider for processing your payments. Your credit/debit card provider may charge you currency conversion fees and other charges for processing your payments.

4.5. Cancellation

Your subscription renews automatically at the end of each subscription period until you cancel. To avoid being charged cancel your subscription before the end of the then-current period.

You can cancel your Subscription in any of the following ways:

• by logging into your account and clicking ‘My account’ → ‘Membership’ → ‘Cancel subscription’;
• by contacting our customer support team via email at Office at 5-9 Main Street, GX1 11AA, Gibraltar or by phone at+1 (866) 860-8313.

You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Website will continue until the end of your then current subscription period and will then terminate without further charges.

We may cancel your Subscription if you fail to pay for your Subscription, violate these Terms, or for any other reason in our sole discretion.

4.6. No Refunds

We provide refunds under certain conditions. If you request a refund within 30 days from the date of your registration on our website, you are eligible for a full or partial refund of the Subscription Fee paid for the then current Subscription period. Additionally, we will refund the trial fee along with the Subscription Fee. Howly docs maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Expert Squad’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by Expert Squad for use towards Website Features on the Website remain the property of Expert Squad (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the Website or in an email to a Customer, will be usable only for thirty (30) days.

In any case, we have a right to refuse providing you any kind of refund if you have violated any provisions of the Terms.

Notice for residents of certain US states. If you reside in California and canceled the Terms, without penalty or obligation, at any time prior to midnight of the third business day following your registration on the Website, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made.

Notice for the EU residents. You hereby request immediate performance of the Terms of Use and acknowledge that you will lose your right of withdrawal from the Terms of Use once they are fully performed. Therefore, if you cancel the Terms of Use for any reason and without justification within 14 calendar days from the date of your registration on the Website, you are entitled to the proportionate refund.

4.7. Fair Use Policy

Howly Subscriptions are intended and authorized only for personal, non-transferrable, not-for-resale use. Howly should not be used for purposes of plagiarism in any context or in cheating in the academic setting. Notwithstanding any other terms, Howly reserves the right to cancel your Howly Subscription in its entirety at any time and for any reason, with or without prior notice, including, but not limited to, your excessive use (as determined by Howly in its sole discretion).

In order to prevent fraudulent use of the Subscription program by Customers, Customers who have purchased Subscriptions are ineligible to participate as Experts on Howly during the term of their Subscription, as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as the Customer for at least three (3) months during the twelve (12)-month period preceding the start of the Howly Subscription).

5.1. Representations and Warranties from Users

By using the Website, you represent and warrant that you

• agree to be bound by the Terms,
• are over the age of eighteen (18) years old (or of the reciprocal age of majority in your state or jurisdiction),
• are neither located in a sanctioned country nor a prohibited person,
• have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement,
• agree and acknowledge that by using the Website you are accepting a benefit that cannot be disgorged, and
• will not be engaged into any kind of activities that are prohibited.

5.2. Prohibited Activities of Users

This is a list of activities that we prohibit on the Website:

• You shall not create duplicate profiles;
• You shall not upload, post, email, transmit or otherwise make available to other Users any chain letters or junk email, commercial advertisements, or any other form of commercial solicitation;
• You shall not "stalk" or otherwise harass any person on the Website;
• You shall not post, transmit, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• You shall not remove any copyright, trademark, or other proprietary rights notices contained on the Website;
• You shall not interfere with or disrupt the Website or the servers or networks connected to the Website;
• You shall not post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, detrimentally interfere with, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
• You shall not make illegal and/or unauthorized uses of the Website, including, but not limited to, collecting usernames and/or email addresses of other Users posted on the Website by any means for the purpose of sending unsolicited emails and/or unauthorized framing of, or linking to, the Website;
• You shall not "frame" or "mirror" any part of the Website, without Howly prior written authorization. You also shall not use metatags or code or other devices containing any reference to Howly or the Website in order to direct any person to any other website for any purpose;
• You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so;
• You shall not post or otherwise transmit any pornographic materials;
• You shall not attempt to interfere with, harm, steal from, or gain unauthorized access to the Website, User accounts, or the technology and equipment supporting the Website;
• You shall not impersonate another person, or misrepresent your affiliation with a person or entity;
• You shall not disclose personal information about another person or harass, abuse, or post or otherwise transmit objectionable material;
• You shall not post or otherwise transmit advertising or marketing links or content, except as specifically allowed by this Agreement;
• You shall not conduct any kind of advertising to, or solicitation of, from one User to other Users on the Website or using information obtained via the Website, unless you have not obtained specific consent to it from us;
• You shall not use the Website in an unlawful or illegal way or commit an illegal act in relation to the Website including, without limitation, all laws associated with international money transfers;
• You shall not access the Website from a jurisdiction where it is illegal or unauthorized;
• You shall not create any databases, websites, software, legal entities, and/or services that compete with the Website;
• You shall not access or use (or attempt to access or use) the Website in any way that violates this Agreement;
• Your use of the Website shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
• You may not resell or make any commercial use of our system or the content on the Website without Howly’s prior written consent.

Although Howly cannot monitor the conduct of its Users while not on the Website, it is also a violation of these Terms to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent or to harass, abuse, or harm another person.

5.3. Requirements to Content Posted by You on the Website

You are solely responsible for your Content that you publish or display (“post”) on the Website, or transmit to other Users. You represent and warrant that you are the creator or own or control all right in and to the Content or otherwise have sufficient rights and authority to grant the rights granted herein.

You will not post on the Website, or transmit to other Users, any objectionable, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

The following is a list of examples of the Content that is illegal or prohibited on the Website:

• is patently abusive and offensive to the online community, such as User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, harasses or advocates harassment of another person;
• promotes information that is fraudulent, false, inaccurate, misleading, objectionable, obscene, defamatory, libelous, discriminatory, or promotes illegal activities or conduct that is objectionable, abusive, threatening, harassing, obscene, defamatory, libelous or discriminating;
• is illegal and/or infringes, violates, or misappropriates any third-party right and/or applicable law in any other way, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• promotes an illegal or unauthorized copy of another person's copyrighted work or protected by other intellectual property rights, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• is threatening or promoting any kind of terrorism or terrorist activities;
• links directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include; and/or
• has features of pornographic or adult content, including, but not limited, content that represents a sexual act, naked genitals or other graphic material.

We may prohibit providing, posting and transmitting to other Users any other User Content at our sole discretion.

We may investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including, without limitation, removing the offending Content from the Website, terminating the access to the Website and cancelling the Subscription of such violators.

6.1. Electronic Communication

Without limiting other provisions of this Agreement (including the Privacy Policy), by using the Website, you agree to accept and consent to receiving electronic communications initiated from us regarding any issue arisen from this Agreement and Website.

All information communicated on the Website is considered electronic communication. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with Howly electronically.

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

6.2. Telephone Calls and Text Messages

Communications from Howly, including its agents, representatives, affiliates, or business partners, may include but are not limited to: operational communications concerning your account or use of the Howly Website including account verification and message notifications, updates concerning new and existing features of the Website, marketing information and promotions run by us, our agents, representatives, affiliates, or business partners, any news concerning Howly and any other purposes related to the Website or required to enforce these Terms.

By entering your telephone number into the Howly website, you expressly agree to receive communications at that number as required for the purposes identified above from us, our agents, representatives, affiliates, or business partners, via e-mail, SMS or text messages, phone calls, and push notifications. You further expressly agree that these communications, including phone calls, SMS or text messages, may be generated using automated technology, such as an automatic telephone dialing system, or artificial or prerecorded voice, and even if your telephone number(s) is listed on any Do-Not-Call lists. We are not responsible for the timeliness or final delivery of the communication, as we cannot control work of the cellular telephone operator or other networks.

By agreeing to receive communications from Howly, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Howly at Office at 5-9 Main Street, GX1 11AA, Gibraltar with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Howly at Office at 5-9 Main Street, GX1 11AA, Gibraltar with contact information and the address for delivery.

We will use your mobile number in accordance with our Privacy Policy. You represent that for the telephone number(s) that you have provided to us, you are the current subscriber or customary user and that you have the authority to provide the consent described above to be contacted at such number(s). You agree to promptly alert us whenever you stop using a particular telephone number. Standard charges may apply to the receipt of these calls or text messages. You are responsible for those charges.

You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Website or the services provided by non-Howly entities. Please note that consent is not a condition of using our Website and consent may be revoked at any time. However, opting out may impact your use of the Website.

We may monitor or record telephone conversations that we have with you or anyone acting on your behalf regardless you call us or we call you. We will use the results of monitoring and recording in accordance with our Privacy Policy.

6.3. Receipt of Special Offers and Other Communications

By accepting these Terms, you agree to receive special offers, promotional materials and other communications from Howly according to the terms of the Privacy Policy

6.4. Prohibited Conduct towards Experts and Customer Service

When communicating with the Experts and our customer service representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and behaving inappropriately anyhow.

If your behavior towards any Expert or any of our representatives is such as described above, we may terminate your membership and cancel your Subscription.

8.1. General Grounds for Termination of Account

Customers may terminate their accounts at their sole discretion and at any time by written notice via e-mail to Office at 5-9 Main Street, GX1 11AA, Gibraltar. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. The procedure for Experts to terminate their accounts is set forth in the Expert Agreement.

We may block or terminate your use of the Website, cancel your Subscription and/or modify or discontinue any portion or all of the Website at any time, at our sole discretion, for any or no reason and without notice.

For the purposes of these Terms:

“Termination” means deletion of the account from the Howly servers and complete erasure of all data related to a User’s profile. At a User’s request, we may retrieve all personal data and provide it in a comprehensive and readable form.

“Blocking” means temporary or permanent restriction of access to a User’s profile for violation of these Terms.

The decision regarding termination or blocking of the account is made each time by the Howly Customer Service at its sole discretion.

In particular, termination of account is possible as a result of its inactivity for three months, violation of these Terms, security reasons, etc.

8.2. Termination as a Result of Death or Disability

If a person that was the User of the Website is no longer able to use the Website by reason of death or disability, such person or his/her legal representative or legal successor may contact us regarding termination of the account.

8.3. Blocking of IP addresses

In order to protect the integrity of the Website, Howly reserves the right, at any time in its sole discretion, to block Users with certain IP addresses from accessing the Website.

In particular, Howly may block Users with IP addresses from certain jurisdictions, including, but not limited to, those that are subject to sanctions of the United Nations Security Council, included into the OFAC Sanctions List or the EU consolidated list of persons, groups and entities subject to financial sanctions.

9.1. Proprietary Rights

Unless otherwise indicated, all content, information, and other materials on Howly (excluding Content), including, without limitation, trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Howly or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Howly, by agreeing to these Terms you are granted a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to access and use Howly.

Howly reserves all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of Howly or the Materials; (b) distribution, public performance or public display of any Materials; (c) copying, modifying, reverse engineering, decompiling, disassembling, attempting to derive the source code of or otherwise making any derivative uses of Howly or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of Howly, the Materials, or any information contained in them, except as expressly permitted on Howly; or (f) any use of Howly or the Materials except for their intended purposes. Any use of Howly or the Materials except as specifically authorized in these Terms, without the prior written permission of Howly, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Howly can terminate this license as set out in Section 8.

9.2. License

You grant to Howly and its affiliates, licensees, and successors, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), a non-exclusive, unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully sublicensable (through multiple tiers) license to exercise the copyright, publicity, and database rights over the Content, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works of, in any media now known or not currently known, with respect to any Content.

You agree that any Content you post on the Website, including any materials, ideas, comments and testimonials you submit on the Website, will not be considered confidential and may be used by Howly, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.

9.3. Our Actions in Cases of Intellectual Property Rights Infringement

We do not tolerate infringing activity on or through the Website anyhow.

If we have any reasons to believe in good faith that Content and/or any kind of information violates intellectual property rights of a third party by being made available on or through the Website, upon notice from an intellectual property owner or his or her agent, we:

• remove or disable access to material; and
• remove any Content uploaded to the Website by "repeat infringers".

"Repeat infringer" is a User that has uploaded Content to or through the Website and about whom Howly has received more than two takedown notices compliant under applicable law with respect to such User Content.

However, we may terminate the account of a User after receipt of a single notification of claimed infringement.

9.4. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Website infringes your intellectual property right, please promptly send a written "Notification of Claimed Infringement" containing the following information to the designated agent identified below. Howly may share your Notification of Claimed Infringement with the User that is a possible infringer, and you consent to making such disclosure by Howly. Your communication must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
2. Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works;
3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Howly to locate the material on the Website;
4. Information reasonably sufficient to permit Howly to contact you, such as your name, address, telephone number, and email address;
5. 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 or other intellectual property owner, its agent, or the law; and
6. Under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or review applicable law regarding copyright or other intellectual property infringement to confirm your obligations to provide a valid notice of claimed infringement.

13.1. Applicability of Arbitration Agreement

This Arbitration Agreement governs any dispute between you and Howly (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and Howly, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) you may assert claims in small claims court if your claims qualify within the scope of your jurisdiction; and (2) you or Howly may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.

13.2. Initial Dispute Resolution

Most disputes can be resolved without resort to arbitration. If you have any dispute with Howly, you agree that before taking any formal action, you will contact us atOffice at 5-9 Main Street, GX1 11AA, Gibraltar, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Howly, and good faith negotiations will be a condition to either party initiating an arbitration.

13.3. Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties' relationship with each other, and/or your use of the Website will be finally settled by binding arbitration before one arbitrator administered by:

• the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
• JAMS if you are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.

In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

13.4. Arbitration Proceedings

Initiating Arbitration. To start an arbitration, you must follow instructions available at:

• https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
• https://www.jamsadr.com/submit/ for JAMS.

Arbitration Fees. If you are a consumer and you initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by Howly. If Howly initiates arbitration against you and you are a consumer, Howly will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.

Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.

Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.

and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.Arbitrator Selection. The arbitrator must be neutral, and you will have a reasonable opportunity to participate in the process of choosing the arbitrator.Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.

Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.

Discovery of Non-privileged Information. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim.

Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Choice of Law. The arbitrator shall apply:

• if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
• if you are a U.S. resident, Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

Arbitrator’s Award. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

13.5. Class Action Waiver and Jury Trial Waiver

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR HOWLY AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

13.6. Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

13.7. 30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt out to Office at 5-9 Main Street, GX1 11AA, Gibraltar with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Website that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, Howly also will not be bound by it.

In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.1 "Governing Law and Venue."

13.8.Severability of Arbitration Agreement

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 17.1 "Governing Law and Venue," and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

13.9. Survival

This Arbitration Agreement will survive any termination of your use of the Website.

14.1. Changes to the Agreement

We reserve the right, at our sole discretion, to change the Agreement from time to time and at any time and without prior notice by

• posting the changed Agreement (or parts of it) to the Website; or
• otherwise giving you notice of the changes.

The changes shall be effective upon such posting by us or upon us giving you such notice, whichever is the earlier (unless we expressly indicate otherwise).

It is your responsibility to check the Website and your email account periodically for changes to these Terms and other parts of the Agreement.

Your continued use of or access to the Website following the effective date of any changes to the Agreement constitutes acceptance of those changes. This Agreement may not be changed by you, unless any changes proposed by you are expressly accepted by Howly in writing.

Any new features which are added to the Website shall also be subject to the Terms.

In this clause, the terms "change" and "changed" in relation to changes to the Agreement shall be interpreted broadly and shall include any and all modifications, amendments, revisions and restatements whatsoever, including adding or removing any portions of this Agreement.

14.2. Changes to Parties

We may assign or transfer all of our rights and obligations hereunder to any other person, whether by way of novation or otherwise, and you hereby give us consent to any such assignment and transfer.

You agree that posting on this Website of a version of this Agreement indicating another person as a party to this Agreement will constitute sufficient notice to you of the transfer of our rights and obligations under the Agreement with you to that party (unless otherwise is expressly indicated).

14.3. Notices

Without prejudice to the provisions of the preceding clause, we may choose to notify you of changes to this Agreement by posting a notice via the Website, by sending you an email, or otherwise.

If we choose to notify you about changes to this Agreement or about other matters by email, each such notification shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided to us, even if:

• our email notification is filtered as a spam, junk, bulk, or other undesirable or low-priority message and is not displayed in your email inbox; or
• ou do not actually read it for any other reason.

To reduce the chance that it is so filtered, please add Office at 5-9 Main Street, GX1 11AA, Gibraltar to your email contact book and whitelist this address as a "safe" or "approved" sender. In addition, you may wish to create a custom filter marking emails from this address as important emails for your high-priority inbox. Please contact your email service provider if you are not sure how to do any of that.

17.1 Governing Law and Venue

Except as otherwise specified herein, this Agreement shall be governed by and construed in accordance with the Gibraltar.

To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of England and Wales to settle any disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts.

The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.

17.2 Entire Agreement. Severability

This Agreement and all other provisions referenced herein contain the entire agreement between you and Howly regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

17.3 No Waiver of Breach or Default

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

17.4 Force Majeure

Howly shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay Howly’ performance.

17.5 Absence of Certain Kind of Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Howly as a result of this Agreement or use of the Website.

17.6 Use of Section Headers

Use of Section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.

17.7 Translations

Any translation from the English version is provided for your convenience only. In the event of any difference in meaning, version, or interpretation between the English language version of these Terms and any translation, the English language version will prevail.