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Howtoons Inc. Terms of Service

 

The below Terms of Service set forth the terms governing your use of this Site. In addition, when you use any service on the Site you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please read these Terms of Service carefully before you continue to use the Site or submit any information to Howtoons Inc. through the Site. Your use of the Site in any form, your creation of an account and/or your submission of any information through the Site constitute your agreement to be bound by these Terms of Service and representation and warrantee that you are at least 18 years old.  IF YOU DO NOT AGREE TO ANY OF THE TERMS HEREIN, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.


Howtoons Inc. may modify these Terms of Service from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Service whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Service as modified. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF SERVICE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO Howtoons Inc. THROUGH THE SITE.

 

Purchasing Eligibility

 

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through this Site. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.

 

By placing an order through the Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Howtoons Inc’s products or purchase Howtoons Inc.’s products for commercial purposes or any other commercial benefit. If Howtoons Inc. believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Howtoons Inc. may refuse such order.

 

Product Availability

 

All orders placed through the Site are subject to availability and acceptance by Howtoons Inc..

 

Howtoons Inc. reserves the right to change the assortment of items proposed on the Site and may limit from time to time the quantity of products that may be ordered by a Customer in a single buying session. The product pages of the Site can provide you with information regarding products that are currently available for sale through those channels. Howtoons Inc. reserves the right to change from time to time the assortment of items offered on its product pages.

 

Online Account

 

When registering for an account on this Site, you are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Howtoons Inc. will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login. We may change the information required to place an order or the registration requirements from time to time. Any changes will be posted on the Site.

 

Please refer to our Privacy Policy for more details about how we may use your personal information. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Should Howtoons Inc. reasonably suspect that a third party has breached a customer's registration, password and/or account login, Howtoons Inc. shall immediately cancel and terminate such account, and notify you by email.

 

Orders

 

When placing an order on the Site, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given is true and correct to the best of your knowledge. Howtoons Inc. or its third party providers may collect additional information at this time for security and anti-fraud purposes.

 

Notwithstanding anything to the contrary provided for herein, Howtoons Inc. reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Howtoons Inc. may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Howtoons Inc. suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Terms of Service.

 

Prices, Tax, Shipping Costs

 

All prices shown on the Site are in U.S. Dollars and Howtoons Inc. reserves the right to modify prices and delivery costs at any time without prior notice. IF NEEDED: Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly.

 

[If Applies:] Actual shipping costs and applicable taxes will appear on your order confirmation and invoice. Delivery costs will depend on the location of delivery and the products ordered. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.

 

The actual sales tax associated with your purchase, if applicable, will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

 

Payment

 

Howtoons Inc. accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.

 

When ordering on the Site, you will need to enter your payment details on the appropriate form.

 

All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Howtoons Inc., you will need to contact your card issuer directly to solve this problem, and Howtoons Inc. will not be liable for any delay or non-delivery.

 

IF APPLICABLE: Howtoons Inc. has selected Stripe/Shopify for online payment processing (“Stripe/Shopify”). 

 

In order to process your order, we or Stripe/Shopify may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Howtoons Inc., at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Howtoons Inc. products on the Site, you expressly authorize Howtoons Inc. to perform such credit card pre-authorization and, where Howtoons Inc. deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

 

If you order a subscription to a Product (with a monthly term, or a term of 3 months, 6 months or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site.  Your next billing date will be displayed in your Account page next to each of your active subscriptions. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price.  As such, if you purchase a subscription, until such time as you terminate your subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. 

 

Howtoons Inc. takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. However, transmitting information over the Internet is not completely secure. We will do our best to protect your Personal Information but we cannot guarantee the security of the data you transmit to the Site; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

 

In order to secure your transaction and prevent fraud, Howtoons Inc. or Stripe/Shopify may perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Howtoons Inc. to perform such checks and, where Howtoons Inc. or Stripe/Shopify deems necessary, from time to time to transmit or obtain information that you have provided to Howtoons Inc. about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.

 

Return Policy

 

While we are confident that you will be very satisfied with your purchase, do to the nature of this be a consumable one time use product, we do not accept returns on these items. However we will replace or issue a full refund at our desecration if product has missing components or arrives damaged.

 

Accuracy of Products

 

WHILE Howtoons Inc.  ENSURES VERIFICATION OF THE ACCURACY OF ANY INFORMATION PLACED ON THE SITE, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION. Howtoons Inc. DOES NOT CONFIRM THE PRICE OF A PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY Howtoons Inc., INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF Howtoons Inc. PRODUCTS’ CORRECT PRICES ARE HIGHER THAN THE PRICE POSTED ON OUR SITE, THEN Howtoons Inc. WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION.

WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE PRODUCTS DISPLAYED ON THE SITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, Howtoons Inc. DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.

 

You can cancel a monthly or free trial subscription any time after the first shipment. Please cancel using our online service by 7:00 PM EST the day before your billing date if you do not wish to receive that month’s shipment. If you wish to email, please contact us at least two business days prior to your subscription’s auto-renewal date. Gift subscriptions (3-, 6-, 12-, 24-, or 36-month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete. Auto-renewing subscriptions (pay every 3, 6 or 12 months) can be turned “off” at any time - meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Auto-renewing subscriptions cannot be canceled mid-term.

To turn “off” your subscription’s auto-renewal or to cancel, please log into your Account page and follow the cancellation instructions there or email us at cancel info@howtoons.com

 

Restrictions on Use of the Site

 

Subject to the terms and conditions of these Terms of Service, Howtoons Inc. hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of requesting or reviewing Howtoons Inc. services and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without Howtoons Inc’s prior written consent. 

You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.

 

Limitation of Liability

You agree that Howtoons Inc’s liability, if any, in connection with your use of the Site, the Content and/or Howtoons Inc’s products shall not exceed the value of your purchase, or if you did not make a purchase the value of the average purchase during the month you visited the Site.

 

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE [(INCLUDING ANY DOWNLOADABLE TOOLS)], AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

 

Ownership of Content

 

Our Site includes a combination of content that we and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us.

 

Privacy Policy

 

All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy, which is available on this Site for your review.

 

Links to Third Party Sites

 

To provide you with access to related sites, our Site may contain links to third party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. Howtoons Inc. is not responsible for the privacy practices or the content of any such third party websites. Howtoons Inc. is not affiliated with, and does not endorse or sponsor, any such third party website or any product or service of any such third party.

 

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice 

 

Howtoons Inc. respects the copyright interests of others and, as such, requires our users to comply with these Terms of Service and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Service or your copyright please report the violation. In the case of a copyright violation please provide the following information:

 

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site (including the exact URL);
  • An address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not ERA, can contact you;
  • A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

 

Governing Law

 

By visiting or using the Site, you agree that the laws of the State of California, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Service and any dispute of any sort that might arise between you and Howtoons Inc.. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

No Waiver

 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Howtoons Inc. (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any-third part information providers from and against all damages, claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, resulting from any violation of these terms or applicable law or your User Content, if any.

Entire Agreement

 

These Terms of Service (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Howtoons Inc. regarding your purchase of Howtoons Inc. products through the Site, and supersede any prior agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Howtoons Inc. in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Terms of Service.