TERMS OF SERVICE
Last Updated: May 27, 2021, 2001
The products and services offered and sold at www.howtocontract.com are provided by How to Contract, LLC (“How to Contract,” “HTC,” “us,” “we,” or “our”).
These Terms of Service ("Terms") govern your use of HTC's free and paid website, courses, subscriptions, memberships, and other products and services ("Services").
Please read these Terms carefully and contact us if you have any questions. By accessing the How to Contract website, submitting your information in a form, signing up for a subscription or course, watching a webinar, or otherwise using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Who May Use our Services
You may use our Services only if you can form a binding contract with HTC, and only in compliance with these Terms and all applicable laws. When you create your HTC account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 18 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
You may not use the Services if you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.
To use some Services, you must register or create an account and provide all required data or information in a complete and truthful manner. You may use limited Services without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Our License to You
Subject to these Terms and our policies (including the and other terms), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. If you are purchasing this account on behalf of a third party (such as your employer) (“Third Party Account”), you represent that you have the authority to bind such third party and if you do not have such authority, this license and the obligations in these Terms apply to you. If you have purchased an enterprise account for two or more individuals on behalf of a third party (“Enterprise Account”), then this license may be exercised solely by each of your employees or contractors with an account paid for by you. In the case of the Third Party Account and the Entperise Account, you shall cause the employees or contractors to use the Services in accordance with these Terms applicable to the third party and you are liable for any actions by them in violation of these Terms. You may download content from our Services only for your use. In no event may you create derivative works, distribute, or distribute the content or any Product, unless you obtain HTC's written permission. In no event may you monetize, sell, or earn any financial or other benefit in connection with the Services.
You also agree that you will create, access, and/or use only one user account per individual and you will not share access to or access information for your account with any other individuals who have access via a Third Party Account or Enterprise Account or to any unaffiliated third parties. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
HTC holds and reserves all intellectual property rights for any content provided as part of or relating to the Services. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
HTC offers and may offer memberships, courses, webinars, blogs, pages, features, workshops, and other content ("Content Offerings") created by Laura Frederick and other content providers ("Content Providers"). HTC reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or changewhat is included in any Content Offerings at any time without notice. Any claim you assert relating to such change to the . Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
The Services may enable you to share your content, including posts you make in the forums, questions and answers about legal issues, and the like ("User Content"), with HTC, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
HTC may allows you to upload, share or provide their own content to www.howtocontract.com and in the LinkedIn group.
By providing content, youconfirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights.
You acknowledge and accept that by providing you own content, you grant HTC a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Services in any media or manner. To the extent permitted by applicable law, you waive any moral rights in connection with content they provide to www.howtocontract.com. You acknowledge, accept and confirm that all content you provide through www.howtocontract.com is provided subject to the same general conditions set forth for content on www.howtocontract.com.
You are solely liable for any content you upload, post, share, or provide through www.howtocontract.com. You acknowledge and accept that HTC does not filter or moderate such content. However, HTC reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to www.howtocontract.com:
User Content does not include course content or other materials made available on or placed on to the HTC platform by or on behalf of HTC’s Content Providers or their instructors using the Services, the Content Offerings; as between HTC and its Content Providers, such Content Offerings are governed by the relevant agreements in place between HTC and its Content Providers.
To the extent that you provide User Content, you grant HTC a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights HTC may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, HTC does not waive any rights to use similar or related Feedback previously known to HTC, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, HTC cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].
You are responsible for keeping their login credentials confidential and safe. You must choose a password that meet the highest standards of strength permitted by www.howtocontract.com. By registering, you agree to be fully responsible for all purchases and activities that occur under your username and password.
You must notify HTC immediately if you think your personal information, have been violated, unduly disclosed, or stolen.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. HTC cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. HTC disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third-party content.
Through www.howtocontract.com, you may have access to external resources provided by third parties. You acknowledge and accept that HTC has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. In particular, on www.howtocontract.com, you may see advertisements provided by third parties. HTC does not control or moderate the advertisements displayed via www.howtocontract.com. If you click on any such advertisement, you will be interacting with any third party responsible for that advertisement. HTC is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Copyright and Trademark Policy
HTC respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the HTC Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
Paid Services from HTC
HTC offers paid Servicesfor a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees charged by or for HTC and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services.
If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and HTC reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
When you submit an order, you are obligated to pay the price, taxes and possible further fees and expenses, as specified on the order page. If you have to add personal information, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly. Upon submission of the order, you will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address you provided for such purposes.
You will be informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on www.howtocontract.com are displayed excluding any applicable fees, taxes and costs.
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of www.howtocontract.com. All payments are independently processed through third-party services. Therefore, www.howtocontract.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, HTC is under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.
Unless otherwise stated, digital content purchased on www.howtocontract.com is delivered via download on the device(s) you choose. You acknowledge and accept that in order to download and/or use the Product or Service, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. You acknowledge and accept that the ability to download the purchased Product or Service may be limited in time and space.
Subscriptions allow you to receive a Product or Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by HTC. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions. Paid fixed-term subscriptions start on the day the payment is received by HTC and last for the subscription period chosen by you or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible, unless you renews the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term. Subscriptions are automatically renewed through the payment method that you chose during purchase, unless you cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or www.howtocontract.com. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
If the notice of termination is received by HTC no later than 10 days before the subscription renews, termination shall take effect as soon as the current period is completed. Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to HTC using the contact details provided in this document. Terminations shall take effect 10 days after the notice of termination has been received by HTC.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add, change, or remove functions, features, and other parts of the Services without notice , and we may suspend or stop part of our Services altogether at anytime.. Accordingly, HTC may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy.
We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. In those cases, no refund will be available except to the extent required by applicable law.
None of HTC, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "HTC Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE HTC PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE HTC PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HTC PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE HTC PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL HTC'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY HTC FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE HTC PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO HTC'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the HTC Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by HTC, which is located in Texas. You agree that any dispute related to these Terms will be governed by the laws of the State of Texas, excluding its conflicts of law provisions.
Excluding claims for injunctive or other equitable relief, for claims related to the Services, such disputes shall be exclusively resolved the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and HTC. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
HTC's Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Acceptable Use Policy
Copyright and Trademark Infringement Policy
EU User Policy
Australian User Policy
Acceptable Use Policy
Last Updated: May 27, 2021
HTC's mission is to provide universal access to the world’s best practical contract training. We believe strongly in preserving free speech and expression for our users as well as freedom of ideas for our Content Providers and instructors. We also want to make sure that our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities. We do not allow content that is inappropriate for these younger users.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
- Otherwise violates the HTC Terms of Service. Please note that specific Content Offerings may have additional rules and requirements.
You also aren't allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user's account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Use our Services or any functionality of the HTC platform for anything other than for completing online courses or for pedagogical purposes.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.’
You may access their data relating to www.howtocontract.com via the application program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses www.howtocontract.com, is bound by these Terms and, in addition, you expressly understand and agree that HTC bears no responsibility and shall not be held liable for any damages or losses resulting from your use of the API or their use of any third-party products/services that access data through the API.
Copyright and Trademark Policy
Last Updated: May 27, 2021
HTC respects the intellectual property rights of our Content Providers, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow HTC to locate the material on the Services;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
- via mail: Copyright Agent, How to Contract, LLC, 9901 Brodie Lane, #160-1031, Austin, TX 78748
- via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
HTC also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by HTC in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at [email protected], and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Last Updated: May 27, 2021
Our refund deadlines and policies differ between annual subscription payments, monthly subscription payments, and one-time payments made for course, written materials, and other purchases. Payment options may vary from one Service to another.
We treat violations of our Terms of Service very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.
Similarly, we have no obligation to offer refunds to users who are unsatisfied with a Product or Service.
For Annual Subscriptions
HTC does not offer refunds for payments made on an annual subscription plan. HTC is a digital content service and as such delivers a substantial amount of value right away to its members.
HTC offers a three-day trial period for any annual subscriptions. To avoid being charged at the end of the three-day period, you must cancel your subscription before your three-day free trial ends.
Your subscription will continue on a year-to-year basis unless and until you cancel or the subscription is suspended or discontinued by HTC.
If you cancel your subscription, the cancellation will be effective at the end of the current annual period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
For Month-to-Month Subscriptions
HTC does not offer refunds for payments made on a month-month subscription plan. As a digital service, you will receive access to content right away. We cannot offer any refunds for month-to-month subscriptions. Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by HTC.
If you cancel your subscription, the cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, HTC has no obligation to provide refunds for any other Services. Specifically, there are no refunds for any courses or other digital downloads.
EU User Policy
Last Updated: May 27, 2021
This section applies only to users in the European Union and supersede any provisions to the contrary in these Term.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to? Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal. To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire? Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods. Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal. Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Australian User Policy
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.