This Terms of Use Agreement (the “Agreement”) between We Like To Help, LLC (the “Company,” “we” or “us”) and you sets forth the terms and conditions which govern your use of HowToCloseADeal.com.
BY ACCESSING OR USING HOWTOCLOSEADEAL.COM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE HOWTOCLOSEADEAL.COM AND YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE. THIS AGREEMENT WILL APPLY TO EVERY ACCESS TO HOWTOCLOSEADEAL.COM. THE COMPANY RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE, AT ITS SOLE DISCRETION BY PUBLISHING A REVISED VERSION OF THIS AGREEMENT ON THIS WEBSITE. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE YOU ARE AWARE OF ANY REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEBSITE FOLLOWING THE DATE OF PUBLICATION SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF SUCH REVISIONS. EACH ACCESS OF INFORMATION FROM HOWTOCLOSEADEAL.COM WILL BE A SEPARATE, DISCRETE TRANSACTION BASED ON THE THEN PREVAILING TERMS.
You should also review our Privacy Policy which also governs your visit to this website and which is incorporated into this Agreement by this reference.
1. Use of This Website
HowToCloseADeal.com is not designed for or directed to children under the age of 13. It is the Company’s policy to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and all other applicable laws. Therefore we restrict this website to individuals eighteen years or older.
IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU MUST LEAVE THIS SITE IMMEDIATELY. NO INDIVIDUAL UNDER EIGHTEEN IS PERMITTED TO ACCESS OR USE THIS WEBSITE FOR ANY REASON. DUE TO THE FACT THAT THE USE OF HOWTOCLOSEADEAL.COM IS RESTRICTED TO INDIVIDUALS EIGHTEEN YEARS OF AGE OR OLDER, WE DO NOT COLLECT ANY INFORMATION FALLING WITHIN COPPA AND WE DO NOT MONITOR HOWTOCLOSEADEAL.COM FOR THE COLLECTION OF SUCH INFORMATION.
The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion without prior notice.
2. Restrictions on Use of Website and Content
You may not use this website for any purpose not expressly permitted by the Company. All materials included on this website, such as text, graphics, databases, HTML code, CSS code, logos, button icons, images, audios or audio clips, videos or video clips, mindmaps, digital downloads, software, and other intellectual property (collectively, the “Content”) are copyrighted and all rights are reserved. Such materials are the property of the Company or its content suppliers and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by United States and international copyright laws. All brand names, product names and other trademarks that appear on this website are trade names, service marks, trademarks, or registered trademarks of their respective owners. You may not copy, modify, publish, republish, reproduce, store in or introduce into a retrieval system, transmit, distribute, perform, reengineer, translate, host, upload, post, or participate in the transfer or sale, create derivative works of, or in any way or in any form or by any means (electronic, photocopying, recording or otherwise) exploit or utilize, any of the Content, in whole or in part, without the express prior written consent of the Company or unless authorized in writing elsewhere on this website.
You may not use this website for any commercial purpose without the Company’s express prior written consent. You agree not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or any of our content suppliers or our affiliates without express prior written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, the HowToCloseADeal.com name or any of the Company’s or any content supplier’s trademarks without the express prior written consent of the Company or the content supplier, as the case may be. You agree not to change or delete any proprietary notices from the Content downloaded from this website. Modification or use of the Content except as expressly provided in the Agreement violates the Company’s or the content suppliers’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
3. Prohibited Activities
You are responsible for your communications and your use of HowToCloseADeal.com. In connection with your use of this website, you acknowledge and agree that you will not, under any circumstances, do any of the following:
a. harm minors in any way;
b. use simultaneous, unattended or continuous connections to HowToCloseADeal.com with one account or access this website by any means other than through the standard industry-accepted interfaces;
c. upload, post, email, transmit or otherwise make available to this website any message, information, data, text, software, program or image, or other content or material that is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, vulgar, obscene, pornographic, racist, offensive, libelous, or ethnically or otherwise objectionable (in our sole discretion) which may violate the legal rights (including rights of privacy and publicity) of others;
d. “stalk” or otherwise harass another user or employee or any other person affiliated with this website;
e. impersonate any person or entity, including, but not limited to, a member, director, officer, employee, shareholder, agent, or representative of the Company, our content suppliers, our affiliates, any other person or entity, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
f. forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted to or through this website;
g. intercept or attempt to intercept email or other private communications not intended for you;
h. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service offered on this website or in any way use another party’s personal information if you are not expressly authorized by such party to do so;
i. alter, remove, falsify, or delete any author attributions, legal notices or other proprietary designations or labels of origin or source of any other content appearing on this website or contained in a file that you upload to this website;
j. delete or revise any material posted by any other person or entity;
k. upload, post, email, transmit or otherwise make available to this website any material that advocates illegal activity or discusses an intent to commit an illegal act;
l. upload, post, email, transmit or otherwise make available to this website any material that infringes upon any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
m. upload, post, email, transmit or otherwise make available to this website any material that solicits funds, advertisers, or sponsors;
n. upload, post, email, transmit or otherwise make available to this website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited message or solicitation or commercial activity or endeavor except as may be specifically authorized on this website;
o. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through this website;
p. upload, post, email, transmit or otherwise make available to this website any material that contains viruses, worms, Trojan horses, corrupted data, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
q. use this website in a manner that adversely affects the availability of its resources to other users or causes repeated disruptive incidents;
r. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;
s. manipulate or otherwise display this website by using framing or similar navigational technology;
t. intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, any regulations having the force of law;
u. use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner that could damage, disable, overburden or impair this website or servers or networks connected to this website or disobey any requirements, procedures, policies or regulations of networks connected to the website. Furthermore, you may not attempt to gain unauthorized access to this website or any of the accounts, computer systems or networks connected to the Company through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website. You may not collect or store personal data about other users of this website;
v. violate or attempt to violate the security of this website or servers or networks connected to this website, use or distribute tools designed to compromise security (including, but not limited to, cracking tools, banner blockers, network probing tools, and password or credit card probes and decryption devices, and other guessing programs) of any computer system or network, transfer excessive amounts of data through this website or servers or networks connected to this website, or resell any aspect of this website.
Statements made on HowToCloseADeal.com, including in public areas such as message boards, chat areas, and blogs, reflect only the views of their authors and their views do not necessarily reflect those of the Company.
The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in public areas such as message boards, chat areas, and blogs by third parties, nor is the Company responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will the Company or its members, officers, directors, employees, affiliates, agents, contractors, licensors, content providers, or suppliers be liable for any loss or damage caused by your reliance on information obtained through these public areas such as message boards, chat areas, and blogs.
Although under no obligation to do so, the Company reserves the right to monitor use of this website to determine compliance with this Agreement and reserves the right to refuse or remove any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You expressly agree that neither the Company nor any third party that provides Content to us will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission.
The company reserves the right to, and you expressly agree that the Company may, take steps the Company believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, but not limited to, the Company’s right to cooperate with any legal process relating to your use of this website, products and/or services offered on this website, and/or a third party claim that your use of this website or products and/or services offered on this website is unlawful and/or infringes such third party’s rights). You agree that the Company has the right, without liability to you, to disclose your identity or any of your account or user or other information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, but not limited to, the Company’s right to cooperate with any legal process relating to your use of this website, products and/or services offered on this website, and/or a third party claim that your use of this website or products and/or services offered on this website is unlawful and/or infringes such third party’s rights).
4. Billing Transactions and Policies
Certain products or services may be offered for sale on this website. In the event you wish to purchase or to subscribe to any of these products or services, you will be asked by the Company or an authorized third party to supply certain information, including, but not limited to, your full name, address, telephone number and credit card information. You agree to provide to the Company or such third party the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Your use of this website includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
If you supply to the Company or an authorized third party another individual’s or other entity’s information for billing, reward or other purposes, you represent and warrant to the Company that you have the express permission from such other individual or entity to supply such information to the Company and enter into the billing or other transaction.
All items purchased from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Company and its affiliates attempt to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
5. Submissions
By sending, transmitting, or communicating to the Company creative suggestions, ideas, testimonials, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on HowToCloseADeal.com, you agree to grant to the Company and its designees a non-exclusive, worldwide, assignable, royalty-free, irrevocable, perpetual license, with the right to use, sublicense (through multiple tiers), reproduce, distribute (through multiple tiers), transmit, create derivative works of, publicly display and publicly perform, digitally perform, make, have made, sell, offer for sale and import such Submission Materials (including, without limitation, ideas contained therein for new or improved products or services) by all means and in any media now known or hereafter developed, in any form, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to the Company shall be fully paid-up and royalty free. In addition, under no circumstance shall the Company have any obligation whatsoever to pay a fee to you in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of the Company’s business through a merger, sale or transfer of all or substantially all of the assets of the Company. You hereby waive your moral rights in the Submission Materials and you hereby warrant that the Submission Materials are original with you, or that you have the right to submit the Submission Materials. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communication with us.
None of the Submission Materials disclosed or posted via message boards, chat areas, blogs, or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on the Company’s part and the Company shall not be liable for any use or disclosure of any such Submission Materials.
The Company will treat any personal information that you submit through this website in accordance with its Privacy Policy as set forth on this website.
6. Links, Marks, and Third Party Products and Services
This Agreement applies only to HowToCloseADeal.com and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. The linked sites are for your convenience only and you access them at your own risk. We neither control nor endorse such external websites or resources, nor has the Company reviewed or approved the content which appears on such websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you by or in connection with your use of, or reliance on, any of the links, content, advertisements, products, services or other resources available on any other website (regardless of whether we directly or indirectly link to such links, content, advertisements, products, services or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster and you should carefully review their privacy policies and other terms of use. You expressly agree that your use of such links, external websites or resources is at your own risk.
You may order services, merchandise or other products through our website from other parties (collectively, the “Third Party Vendors”). All matters concerning the services, merchandise and other products from such Third Party Vendors, including, but not limited to, purchase terms, payment terms, representations, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Vendors. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Vendors. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Links to other websites or references to specific products, services, publications, companies, organizations, or authorities other than those of the Company do not imply endorsement or approval of such websites, products, services, publications, companies, organizations, or authorities by the Company or its subsidiaries or affiliates, nor do links to other websites or references to specific publications, companies, organizations, or authorities imply that they endorse HowToCloseADeal.com or the Company, unless expressly stated otherwise.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, service marks, trademarks, or registered trademarks of the Company or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
All brand names, product names and other trademarks that appear on this website are trade names, service marks, trademarks, or registered trademarks of their respective owners.
7. Rewards and Contests
The Company may provide rewards and contests on this website or in newsletters. The rules, regulations and procedures governing any of the foregoing shall be described on the web page or in the newsletter or shall be accessible through a hypertext link prominently displayed on the web page or in the newsletter where the reward or contest may be described or located. By entering or participating in any reward or contest, you agree to be subject to the rules, regulations and procedures governing such reward or contest. Please remember to read the rules carefully before participating.
8. Disclaimers of Warranties
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND ALL OF OUR AFFILIATES AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER THE COMPANY, ANY OF OUR AFFILIATES OR CONTENT PROVIDERS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE OR THAT EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
ALL PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED BY THE COMPANY OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE ARE STRICTLY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL OR BUSINESS ADVICE. ALSO, THEY ARE NOT INTENDED TO APPLY TO THE SPECIFIC FACTS OF ANY PARTICULAR SITUATION. THEY ARE NOT INTENDED AS A SUBSTITUTE FOR OR REPLACEMENT OF PROFESSIONAL ADVICE BY QUALIFIED PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL, ACCOUNTING, TAX OR TECHNICAL PROFESSIONALS. THE COMPANY IS NOT A LAW FIRM AND THE COMPANY CANNOT GIVE LEGAL ADVICE OR RECOMMENDATIONS. YOU ARE URGED AND ADVISED TO USE CAUTION AND CONSULT QUALIFIED PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL, ACCOUNTING, TAX OR TECHNICAL PROFESSIONALS, BEFORE USING OR ACTING ON ANY PRODUCT, SERVICE, OFFERING, CONTENT, OR MATERIALS OFFERED BY THE COMPANY OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE. ALL PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED BY THE COMPANY OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE SHOULD BE INDEPENDENTLY REVIEWED AND VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL, ACCOUNTING, TAX OR TECHNICAL PROFESSIONALS.
NEITHER THE COMPANY, ANY OF OUR AFFILIATES OR CONTENT PROVIDERS, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED BY THE COMPANY OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IN TERMS OF THEIR ADEQUACY, CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY PRODUCTS, SERVICES, OFFERINGS, CONTENT, AND MATERIALS PROVIDED BY THE COMPANY OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN RISK.
9. Waiver, Release and Limitation of Liability
YOU AGREE THAT NEITHER THE COMPANY NOR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF HOWTOCLOSEADEAL.COM OR ANY PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF HOWTOCLOSEADEAL.COM OR PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, ACTUAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR CLAIM, ARISING FROM ANY USE OF THIS WEBSITE OR ANY PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS OFFERED ON OR THROUGH THIS WEBSITE ARE HEREBY EXCLUDED EVEN IF THE COMPANY HAS BEEN NEGLIGENT OR THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, CONTENT PROVIDERS AND SUPPLIERS, IF ANY, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PARTICULAR PRODUCT, CONTENT, OFFERING, MATERIAL OR SERVICE PROVIDED OR FOR ACCESSING THIS WEBSITE.
10. Indemnification
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICES PROVIDERS, AND OUR AND THEIR MEMBERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, STOCKHOLDERS, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, JUDGMENTS, AWARDS, EXPENSES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND DISBURSEMENTS) ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR IMPROPER USE OF THIS WEBSITE OR PRODUCTS, CONTENT, OFFERINGS, MATERIALS OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT, OR THE INFRINGEMENT OR USE BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OR THE INVESTIGATION OF LAW ENFORCEMENT AUTHORITIES OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES OR THE COMPANY’S FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, AND OUR AND THEIR MEMBERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, STOCKHOLDERS, AGENTS, CONTRACTORS AND REPRESENTATIVES AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY PURCHASE ORDER, INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THIS WEBSITE, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY’S CONCLUSION (AT OUR SOLE DISCRETION) THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR COMTEMPLATED BY THIS AGREEMENT. THIS INDEMNIFICATION PROVISION SHALL SURVIVE IN THE EVENT THIS AGREEMENT IS TERMINATED FOR ANY REASON.
11. Jurisdictional Issues
The Company makes no representation or warranty that the Content, materials, offerings, products and/or services on this website are appropriate or available for use in locations outside the United States of America. Those who choose to access this website or use the Content, materials, offerings, products and/or services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Company reserves the right, at any time in our sole discretion, to limit the availability and accessibility of this website and its Content, materials, offerings, products and/or services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any service or products that we provide.
12. Governing Law and Other General Information
This Agreement constitutes the entire agreement between you and the Company and governs your use of this website and the products, services, offerings, Content and materials offered on or through this website, superseding any prior agreements between you and the Company. You expressly agree that this Agreement and the use of this website and any dispute of any sort that might arise between you and the Company or its affiliates or licensors shall be governed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provision. Failure by the Company to insist upon or enforce the strict performance of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of the Company’s right to assert or rely upon such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. Neither the course of conduct between you and the Company nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is unlawful, void or unenforceable in whole or in part, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
13. Disputes
You expressly agree that any dispute relating in any way to your visit to HowToCloseADeal.com or to any products or services you purchase through HowToCloseADeal.com shall be submitted to confidential arbitration in Allegheny County, Pennsylvania except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Company or its content providers or licensors, the Company may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Agreement shall be joined to an arbitration involving any other party subject to the Agreement, whether through class arbitration proceedings or otherwise.
14. Notice
The Company may deliver notice to you under this Agreement by means of electronic mail, a general notice on HowToCloseADeal.com or by written communication delivered by first class U.S. mail to your address on record in the Company’s account information for you.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and you expressly agree to receive such communications from us electronically.
15. Our Address
HowToCloseADeal.com
c/o We Like To Help, LLC
500 Regis Avenue, # 18382
Pittsburgh, PA 15236
https://www.HowToCloseADeal.com
Last Updated: November 2011