Copyright
Everything you buy on the 'Howlita' webshop may only be used for your own use. You may not resell or copy the products.
Shipping & Delivery
'Howlita' is not responsible for lost or damaged goods and is therefore not obliged to offer compensation.
Payment
Payment must be made before the order is shipped.
Last updated on September 27, 2024
TABLE OF CONTENTS
- AGREE TO THE TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER DECLARATIONS
- USER REGISTRATION
- PRODUCTS
- PURCHASES AND PAYMENT
- RETURN POLICY
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- SUBMISSIONS
- THIRD PARTY WEBSITES AND CONTENT
- SITE MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- CHANGES AND INTERRUPTIONS
- APPLICABLE LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- INDEMNIFICATION
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- MIXED
- CONTACT US
- AGREE TO THE TERMS
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Howlita (“Company“, “We“, “us“, or “us”), with respect to your access to and use of the https://howlita.nl website and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the Netherlands and have our registered office at Sikkeldreef 223, Doetinchem, Gelderland 7006KW. Our VAT number is NL003707296B81. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please be sure to check the applicable Terms each time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years of age. Persons under the age of 18
Persons under the age of 18 are not permitted to use or register on the Site.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated
Except as otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
merged, republished, uploaded, posted, publicly displayed, encrypted,
translated, transmitted, distributed, sold, licensed or otherwise exploited
for any commercial purpose whatsoever without our express prior written consent.
permission.
Provided you
If you are eligible to use the Site, you are granted a limited license to access and
to use the Site and to download or print a copy of any portion of the Content for
to which you have properly gained access solely for your personal, non-commercial use
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- USER DECLARATIONS
By using the Site, you represent and warrant that: (1) any registration information you submit
will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration data as necessary; (3) you have the legal authority and you agree to comply with these Terms of Use; (4) you will not
are a minor in the jurisdiction in which you reside; (5) you may not access the Site
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized purpose.
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- USER REGISTRATION
You may be required to register on the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
- PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not warrant that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability,
and we cannot guarantee that items will be in stock. We reserve the right to
discontinue products at any time for any reason. Prices for all products
are subject to change.
- PURCHASES AND PAYMENT
We accept the following payment methods:
– PayPal
– iDEAL
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed necessary by us. We may change prices at any time. All payments must be in Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to
any errors or mistakes in pricing, even if we have already requested them or
payment received.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or increase the price of any order.
cancel quantities purchased per person, per household or per order. These restrictions may include orders placed
via or under the same customer account, the same payment method and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion,
judgment, appear to have been placed by dealers, resellers or distributors.
- RETURN POLICY
Please read our Returns Policy on the Site before making a purchase.
- PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to do any of the following:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
- To mislead, defraud, or deceive us or other users, especially by attempting to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Not, in our opinion, disparage, tarnish or otherwise harm us and/or the Site.
- Do not use any information obtained from the Site in order to harass, abuse, or harm another person.
- Do not abuse our support services or submit false reports of abuse or misconduct.
- Not to use the Site in a manner that violates applicable laws and regulations.
- Unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Do not use the system in an automated manner, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
- Remove any copyright notice or other proprietary rights notice from any content.
- Do not attempt to impersonate another user or person, or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Not to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Do not attempt to circumvent any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript or other code.
- Except as permitted by applicable law, you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, you may not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a purchasing agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any profit-making endeavor or commercial enterprise.
- Do not use the Site to advertise or sell goods or services.
- Sell or otherwise transfer your profile.
- USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewed by other users of the Site and the Marketplace Offerings and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use your Contributions and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your contributions are not false, inaccurate or misleading.
- Your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).
- Your contributions do not mock, belittle, intimidate or abuse anyone.
- Your contributions will not be used to intimidate or threaten (in the legal sense of the word) other individuals or to promote violence against a specific person or group of people.
- Your Contributions do not violate any applicable law, regulation or rule.
- Your contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, nor are they otherwise intended to protect the health or well-being of minors;
- Your contributions may not contain offensive comments that are related to race, national origin, gender, sexual preference, or physical disability.
- Your Contributions do not otherwise violate, or contain links to material that violates, any provisions of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing constitutes a breach of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
- CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rebrand, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including without limitation your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. Such use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not claim ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all liability and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
- GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When you post a review, you must meet the following criteria: (1) you must have firsthand experience with the person/entity being reviewed; (2) your reviews may not contain offensive profanity, or abusive, racist, insulting, or hateful language; (3) your reviews may not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews may not contain references to illegal activities; (5) you may not be affiliated with competitors if you post negative reviews; (6) you may not draw conclusions about the legality of the conduct; (7) you may not make false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or remove reviews, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses arising from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, transferable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.
- SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- THIRD PARTY WEBSITES AND CONTENT
The Site may contain (or you may be directed through the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
- PRIVACY POLICY
We care about data privacy and security. View our privacy policy:https://howlita.nl/nl/privacybeleid/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Site and the Marketplace Offerings are hosted in Germany. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Germany, then through your continued use of the Site, you are transferring your data to Germany, and you expressly consent to have your data transferred to and processed in Germany.
- COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material referenced in the Notification. Please be aware that under applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Accordingly, if you are not sure that material located on or linked to by the Site infringes your copyright, you should first contact an attorney.
- TERM AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- CHANGES AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee that the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
- APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you shall additionally enjoy the protection afforded to you by mandatory provisions of the law in your country of residence. Howlita and you both agree to submit to the non-exclusive jurisdiction of the courts of Doetinchem, which means that you may bring a claim to enforce your consumer protection rights in relation to these Terms of Use in the Netherlands or in the EU country in which you reside.
- DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can access here: https://ec.europa.eu/consumers/odrIf you would like to bring this topic to our attention, please contact us.
- CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- INDEMNIFICATION
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES IS AT YOUR SOLE RISK.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY LAW.
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
RESTRICTION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ACCEPT NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
FROM OR TO THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSFERRED TO OR THROUGH THE SITE BY A THIRD PARTY, AND/OR (6) A
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND OF INJURY INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR PUBLISHED
OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE MAKE NO WARRANTY, ENDORSEMENT, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION IS FEATURED IN A BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT
PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD PARTIES PROVIDING PRODUCTS OR SERVICES. SUCH AS WITH THE
IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
USE YOUR COMMON JUDGMENT AND EXERCISE CAUTION WHEN NECESSARY.
- LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
ANY AMOUNT THAT YOU HAVE PAID TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- INDEMNIFICATION
You agree to defend, indemnify and hold us harmless, including our affiliates.
affiliates and all of our respective officers, agents, partners and
employees, against any loss, damage, liability, claim or demand, including
reasonable attorneys' fees and expenses incurred by a third party as a result of or
arising out of: (1) your Contributions; (2) use of the Site; (3) violation of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of any rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
We maintain certain information you transmit to the Site for the purpose of managing the
Site performance, as well as data relating to your use of the Site. Although we perform regular routine backups of the Site,
of data you are solely responsible for all data you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of such
data, and you hereby waive any right of action against us arising from such
loss or damage of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- CALIFORNIA USERS AND RESIDENTS
If there is a complaint
If your complaint has not been resolved to your satisfaction, you can contact the Complaints Committee
California Department of Consumer Services Assistance Unit
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
- MIXED
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to any other person at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them by us, and you hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto.
- CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Howlita
Sickle Avenue 223
7006 KW, Doetinchem