HOWWMUCH TERMS OF USE AGREEMENT

 

Welcome to Howwmuch, operated by HowwMuch Inc.("Howwmuch," "we," or "our").

By using the website located at www.howwmuch.com and the related mobile website, as well as the mobile application called “howwmuch” (collectively, the “Websites”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Howwmuch ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Howwmuch Privacy Policy, do not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1. Electronic Agreement.

 

This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Howwmuch at any time, effective upon posting on the Howwmuch Websites. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Howwmuch’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.

 

2. Access and Retention. 

 

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

 

3. License for Mobile Application

Howwmuch grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

 

4. Eligibility.

 

You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is also not available to any users who have been previously removed or suspended from the Service.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

 

5. Commercial Use of Service. 

 

If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an- authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing
    Entity to this Terms of Use;

b. You have read and understand this Terms of Use; and

c. You agree to this Terms of Use on behalf of the Subscribing Entity.

 

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Howwmuch, which may be revoked at any time, for any reason, in Howwmuch’s sole discretion.

 

6. Account Security. 

 

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Howwmuch of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Howwmuch will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Howwmuch account.

 

7. Your Use of the Service

 

a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by Howwmuch.

b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.

c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.

d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.

1.  You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
2.  You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
3.       any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Howwmuch’s sole and reasonable discretion;
4.     any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
5.     any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Howwmuch’s sole and reasonable opinion;
6.     any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
7.       any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
8.  You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
9.  You must not rent, sell or lease access to the Service, or any content on the Websites.
10.  You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
11.  You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Howwmuch employee. If Howwmuch determines that any user has threatened, stalked, harassed, or verbally abused any Howwmuch employee or another Howwmuch Member, Howwmuch reserves the right to immediately terminate that user’s membership and suspend access to the Service.
12.  You must not sell or transfer, or offer to sell or transfer, any Howwmuch account to any third party without the prior written approval of Howwmuch.
13.  You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
14.  You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Howwmuch; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Howwmuch’s servers, system or network or attempt to breach Howwmuch’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking Howwmuch’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Howwmuch under these Terms of Use, Howwmuch reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

g. You must not use the Service for any illegitimate purpose, including without limitation for the purpose of ordering products solely to leave a negative review, or attempting to divert customers away from a Seller for the purpose of harming their business.

 

You agree to comply with the above conditions, and acknowledge and agree that Howwmuch has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

 

8. Howwmuch is a Marketplace; Limitation of Liability

 

Howwmuch acts as a marketplace to connect buyers (each, a “Buyer” and collectively, the “Buyers”) and sellers (each, a “Seller” and collectively, the “Sellers”) of a wide range of products (collectively, the “Users”).   You acknowledge and agree that Howwmuch is not a party to any agreement between you and a Buyer or Seller, and that we are not liable to you for any loss incurred as the result of a Buyer’s or Seller’s acts or omissions, including without limitation failure to fulfill an order, failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.

You acknowledge and agree that Howwmuch does not necessarily have control over the quality, safety, morality or legality of any aspect of any Buyer’s or Seller’s services, the truth or accuracy of any Buyer or Seller statements, or the ability of Buyers or Sellers to fulfill their obligations under an agreement with you. Howwmuch cannot ensure that a Buyer or Seller will actually complete a transaction or follow through on their promises.

 

Howwmuch cannot guarantee the true identity, age, and nationality of a Buyer or Seller. Howwmuch encourages you to communicate directly with Buyers and Sellers through the tools available on the Websites.

 

Buyer agrees to provide a valid and correct street address (no PO Boxes).

 

Howwmuch is not responsible for the quality of any product purchased by a Buyer, or for its failure to conform with warranties or representations made by the Seller.

 

How much is not responsible for any content posted by Buyer or Sellers, and explicitly disclaims liability for all content submitted by Users, including without limitation content that is false, misleading, libelous, offensive, or otherwise objectionable.

 

9. You Bear Risk of Upload.

 

Howwmuch uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Howwmuch cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Howwmuch be liable for any copying or usage of Your Content not authorized by Howwmuch. You hereby release and forever waive any claims you may have against Howwmuch for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY HOWWMUCH HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

10. Membership; Pricing; Charges on Your Account.

 

a. General. Please note that the billing policies that are disclosed to you herein are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.

 

b. Billing. Howwmuch bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Howwmuch all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Howwmuch to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Howwmuch reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

 

d. Fees. Seller acknowledges and agrees that it may be required to pay fees on the Service, including without limitation:

 

1. Listing Fee: A listing fee of $0.10 for each product listed on the Service, which shall be charged every 180 days after the initial listing of the product. In the event that the product sells in less than 180 days, the listing fee will be waived. Seller may delete the product from the Service at any time to avoid being charged the listing fee; provided, however, that if the product is added to the Service ten (10) days or less after deletion, Howwmuch may charge Seller the listing fee.
2. Payment Processing Fee: Seller acknowledges and agrees that it must create a Stripe account and link the account  to Howwmuch.com. Seller shall be solely responsible for paying any payment processing fees charged by Stripe. Stripe may change its processing fee at any time and Howwmuch has no control over such changes.  The current processing fee is 2.99% of the total transaction amount plus .30 cents (subject to change by Stripe). You acknowledge and agree that these fees are non-refundable.

 

e. Howwmuch Fee. Seller acknowledges and agrees that Howwmuch shall be entitled to eight percent (8%) of the final purchase price of any product sold on the Service, including taxes or shipping costs if applicable (the “Howwmuch Fee”). By way of example, but not limitation, if your product sells for $100, and is subject to a shipping charge of $10 and tax of 7% ($7.70), the Howwmuch Fee will be $9.42 (or 8% of $117.70). Upon the sale of a product on the Service, the entire payment will be collected by Howwmuch. Howwmuch shall keep the Howwmuch Fee and credit the remainder to you as soon as practicable.

 

11. Shipping; Shipping Costs and Taxes.

 

Upon the completion of a purchase by a Buyer, an email will automatically be sent to both Buyer and Seller confirming the product, the total cost of the product, and the shipping address. Upon receipt of this email, it is Seller’s responsibility to ship the product to the Buyer as soon as practicable,  and based on the Buyer’s selection of the shipping method created by the Seller.

 

Seller shall be solely responsible for selecting the shipping method and shipping the product.  Seller will provide a range of shipping costs using the tool provided on the Service. The price range will depend on the total price or weight  of the product.   It is Seller’s sole responsibility to calculate a fair and appropriate shipping price.

 

Buyer may contact Seller to arrange expedited or other special shipping.

 

Seller acknowledges and agrees that it is solely responsible for calculating and collecting all required taxes when selling a product on the Service. Seller may use the Howwmuch Shipping Tool Range to calculate the shipping price. In the event that Seller fails to calculate the shipping cost, or did not provide Buyer with a shipping cost, then Seller shall be responsible for the cost of shipping as determined by Howwmuch.

 

12. Returns and Refunds.

 

Buyer may request that Seller provide a refund within fourteen (14) days of purchase. To request a refund, Buyer must contact Seller at the email provided in the footer of Seller’s product page. The email address BuyerAskRefund@howwmuch.com should be carbon copied (cc’d) on any refund request.

 

Howwmuch will make every reasonable effort to resolve the situation in a mutually agreeable manner; however, we cannot guarantee that you will receive a refund or a credit for your product. If Seller has not responded to a refund request within seven (7) days, Buyer should contact CustomerRefund@howwmuch.com and Howwmuch and we will attempt to help the Users reach a mutually agreeable solution. Notwithstanding the foregoing, you acknowledge and agree that Howwmuch is not responsible for providing Buyer with a refund or otherwise ensuring that the Users reach a mutually agreeable solution, and Howwmuch explicitly disclaims liability with regard to any disputes or actions by or between Users.

Buyer acknowledges and agrees that any refund provided will not include the shipping price, unless otherwise agreed by Seller in writing. This shall apply regardless of whether Seller offered Buyer free shipping when Buyer purchased the product.

Seller may cancel an order for any reason; provided that Seller must refund Buyer in full (including shipping charges) or refrain from charging Buyer for the product purchased.   It is Seller’s responsibility to inform Howwmuch of the cancellation by emailing CustomerRefund@howwmuch.com. Once Seller so notifies Howwmuch, Howwmuch will refund the 8%  Howwmuch Fee to the Buyer.

 

In the event that (a) a Buyer requests a refund within fourteen (14) days of purchase, (b) Seller agrees to provide the refund and initiates the return within the same 14-day time frame, and (c) the product purchased was received by Seller in good condition, Howwmuch will refund the Howwmuch Fee to the Buyer once it has confirmed that Seller has processed the refund. It is Seller’s responsibility to inform Howwmuch of the refund by emailing CustomerRefund@howwmuch.com. Once Seller so notifies Howwmuch, Howwmuch will refund the 8%  Howwmuch Fee to the Buyer.

 

13. Modifications to Service. 

 

Howwmuch reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Howwmuch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

14. Blocking of IP Addresses. 

 

In order to protect the integrity of the Services, Howwmuch reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.

 

15. Term.

 

This Terms of Use will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership at any time by sending email to CustomerService@Howwmuch.com. If you resign or cancel your membership to Howwmuch, to help Howwmuch analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

 

Howwmuch may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Howwmuch. All decisions regarding the termination of accounts shall be made in the sole discretion of Howwmuch. Howwmuch is not required to provide you notice prior to terminating your membership. Howwmuch is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

16. Third Party Content.

 

Howwmuch may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Howwmuch does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Howwmuch does not create Third-Party Content, nor does Howwmuch update or monitor it. Howwmuch is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to Howwmuch users (collectively, the “Reference Sites”). Howwmuch does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

 

17. Intellectual Property.

 

Howwmuch, the Howwmuch logos and any other product or service name or slogan contained in the Service are trademarks of Howwmuch or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Howwmuch or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Howwmuch may provide you from time to time.

 

Howwmuch retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of Howwmuch, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Howwmuch is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Howwmuch and for Howwmuch Members' use only. Distribution of Content to others is strictly prohibited. You agree that Howwmuch would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Howwmuch shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

 

We may provide links to third party websites, and some of the content appearing on Howwmuch may be supplied by third parties. Howwmuch has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

 

You may not use any metatags or any other hidden text utilizing "Howwmuch" or any other name, trademark or product or service name of Howwmuch without our prior written permission. In addition, the look and feel of the Howwmuch Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Howwmuch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

 

The Service is owned and operated by Howwmuch. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Howwmuch’s 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 United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

 

18. Reviews.

 

Buyers on the Service can post a review of the Seller and/or the product purchased by Buyer (collectively, the “Buyer Reviews”). Howwmuch will post the Buyer Review upon a finding that it does not contain any false, misleading, offensive, or otherwise objectionable content. Howwmuch reserves the right, in its sole discretion, to refuse to post a Buyer Review for any reason.

 

Any Buyer Reviews shall become the property of Howwmuch upon submission. Howwmuch reserves the right to use Buyer Reviews for any purpose, including without limitation advertising, promotions, or other commercial uses.

 

Notwithstanding the foregoing, Buyer and Seller acknowledge and agree that Howwmuch is not responsible for the content of Buyer Reviews and explicitly disclaims all liability for any cause of action arising therefrom, including without limitation claims for libel, false light, or invasion of privacy.

 

19. Copyright Policy. 

 

Howwmuch prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

 

1106 Boulevard, New Milford, New Jersey 07646.

 

When contacting us, please make sure that you include the following information:

a. a statement that you have identified Content on Howwmuch that infringes your copyright or the copyright of a third
    party on whose behalf you are entitled to act;

b. a description of the copyright work(s) that you claim have been infringed;

c. a description of the Content that you claim is infringing and the Howwmuch URL(s) where such Content can be
    located;

d. your full name, address and telephone number, a valid email address on which you can be contacted, and your
    Howwmuch user name if you have one;

e. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the
    copyright owner, its agent, or the law; and

f. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the
   owner of the exclusive right that is allegedly infringed.

 

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:

 

g. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is
    allegedly infringed, confirmation that such statement is made under penalty of perjury; and

h. your electronic or physical signature (which may be a scanned copy).

 

Howwmuch will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

 

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 1106 Boulevard, New Milford, New Jersey 07646 or CustomerService@howwmuch.com. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at 1106 Boulevard, New Milford, New Jersey 07646 or CustomerService@howwmuch.com.

 

20. Repeat Infringer Policy.

 

In accordance with the DMCA and other applicable laws around the world, Howwmuch has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Howwmuch to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Howwmuch of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Howwmuch may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

In addition, Howwmuch accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

21. Terms for the iOS / Android App

You acknowledge and agree that this Terms of Use is between you and Howwmuch only, and that neither Apple nor Google is a party to these Terms of Use. Howwmuch, not Apple or Google, is responsible for the App and its contents. 

 

You must not use the iOS App except on an Apple-branded product that is running iOS. Any use of the App by you must comply with the relevant terms of use for the Apple Source (or the Google Source) from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store or Google Play Store Terms of Service). You acknowledge and agree that neither Apple nor Google has any obligation to furnish you with maintenance and/or support services with respect to the App.

 

You further acknowledge and agree that neither Apple nor Google is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be Howwmuch’s responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability.

Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Apple and/or Google shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Apple  and/or Google is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms.

 

22. Limitation of Liability. 

 

In no event shall Howwmuch be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from Howwmuch or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Howwmuch makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL HOWWMUCH, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF HOWWMUCH HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL HOWWMUCH HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF HOWWMUCH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Howwmuch and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $10 or the sum of any amount paid by the Member or user to Howwmuch during the six months prior to notice to Howwmuch of the dispute for which the remedy is sought.

 

23. Indemnity by You. 

 

You agree to indemnify and hold Howwmuch, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

 

a. your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;

1.  any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
2.  any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Howwmuch.

 

24. Attorney Fees. 

 

In the event that Howwmuch is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for Howwmuch’s attorneys' fees and costs.

 

25. Parental or Guardian Permission.

 

Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE HOWWMUCH THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

 

26. Privacy. 

 

Use of the Websites and/or the Service is also governed by our Privacy Policy, located at PRIVACY POLICY.

 

 

27. Jurisdiction and Choice of Law; Dispute Resolution. 

 

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Jersey, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New Jersey with the same force and effect as if such service had been made within the State of New Jersey. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

28. Arbitration Provision/No Class Action. 

 

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New Jersey, County of Bergen, or the United States District Court for the District of New Jersey. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New Jersey, County of Bergen, or the United States District Court for the District of New Jersey.

 

29. No Third Party Beneficiaries. 

 

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

 

30. Availability Outside the U.S.

 

If you access Howwmuch from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

 

31. Entire Agreement.

 

This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and Howwmuch regarding the use of the Websites and/or the Service.

 

32. Severability; Waiver.

 

If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Howwmuch’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Howwmuch’s ability to enforce such term at any point in the future.

 

33. Headings.

 

The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

Please contact us with any questions regarding this agreement. Howwmuch is a trademark of HowwMuch Inc.

 

Howwmuch reserves all rights not expressly granted in these Terms of Use.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.