Last updated: 7 Sep 2024
This terms of use agreement (the "Agreement") is a legal agreement between How This Works Co. ("we," "our," or "us") and you, the client, whether as an individual or on behalf of an entity ("Client"). By accessing and using our website at https://www.howthisworks.co (the "Website") and any related media forms, channels, mobile websites, or mobile applications, you agree to abide by the terms and conditions outlined in this agreement. Failure to comply with these terms prohibits your use of the website, and you must discontinue use immediately. Any outstanding obligations to pay for our services remain in effect upon termination.
1. Ownership of intellectual property
All content on the website, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics ("Content"), as well as trademarks, service marks, and logos ("Marks"), are the property of How This Works Co. and are protected by copyright, trademark, and intellectual property laws. The content and marks are provided for personal use and information. No part of the website, content, or marks may be used for commercial purposes without prior written permission.
2. Ownership of materials
How This Works Co. creates design and original source files ("Projects") on behalf of the client. The client owns the copyright for all projects. If legal circumstances arise where How This Works Co. could potentially own a project, we assign our interest in the project to the client. The client warrants that any materials provided to us do not infringe third-party rights. We reserve the right to showcase client's design work publicly, unless otherwise agreed upon.
3. Third-party fonts
If a Project includes third-party fonts requiring a commercial license, the client is responsible for purchasing the necessary licenses. The client assumes responsibility for any consequences resulting from not obtaining required licenses for such fonts.
4. User representations
By using the website, you represent that you:
5. Prohibited activities
You agree to use the website solely for its intended purpose. Unauthorized use, security interference, or reverse engineering is prohibited. Engaging in prohibited actions such as fraud, disrupting the website, or competing with How This Works Co. will result in termination of access.
6. Client feedback
Any feedback or submissions you provide become the property of How This Works Co. We may use and share this feedback for lawful purposes without compensation or acknowledgment.
7. Website monitoring
We monitor the Website for compliance and may take legal action in response to violations. We reserve the right to restrict or deny access to the Website at any time.
8. Privacy policy
By using the website, you agree to our privacy policy. If accessing the website from outside the United States, please note that different data protection laws may apply.
9. Returns and refunds
Refund requests are considered on a case-by-case basis. If a refund is approved within the first month, all materials produced remain the property of How This Works Co. A 25% fee applies to the remaining billable period. Refunds do not absolve the client of any breach consequences.
10. Modification and Interruptions
We may modify or discontinue the website without notice. Interruptions beyond our control may occur, and we are not liable for any resulting losses or damages.
11. Governing Law
This agreement is governed by the laws of the state of Delaware, without regard to conflict of law principles.
12. Miscellaneous
These terms constitute the entire agreement between you and How This Works Co. Failure to enforce a provision does not waive that provision. If any part of this agreement is unenforceable, the remaining provisions remain valid. These terms do not imply any joint venture, partnership, or employment relationship.
13. Litigation
Any legal action must be filed in the state courts of [your state] or the United States District Court for the District of [your state]. Both parties consent to the jurisdiction of these courts.
14. Disclaimer
The Website is provided on an "as-is" basis. Use of the website and our services is at your own risk. How This Works Co. disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We assume no liability for errors, inaccuracies, or damages arising from the use of the website.
15. Limitations of liability and indemnification
How This Works Co. and its employees, contractors, and agents will not be liable for any damages arising from your use of the website. You agree to defend and indemnify How This Works Co. from any claims, including legal fees, arising from your use of the website or breach of this agreement.
16. User data
You are responsible for all data transmitted to or associated with any activity on the Website. How This Works Co. is not liable for any loss or corruption of your data.
17. Electronic communications, transactions, and signatures
By using the website, you consent to receive electronic communications from How This Works Co. You agree that electronic signatures and records satisfy any legal requirements for written agreements.
18. Showcasing your creative work
How This Works Co. reserves the right to showcase your design work on digital platforms, including social media and our website, unless a non-disclosure agreement (NDA) is established between you and How This Works Co.
19. Contact information
For inquiries, contact How This Works Co. at: howthisworksco@gmail.com
Ready to see how this works for you? Schedule an initial consultation, and let’s talk about what success looks like for your team and your business.
Phone: +1 917-409-6897
Email: heythere@howthisworks.co
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