Terms and Condition
Updated: January 31, 2024
1. Overview
These terms of service (“Terms of Service”) are entered into between you and Howard of all Trades
(“Howard of all Trades,” “we,” or “us”). The Terms of Service govern your access to and use of the
Howard of all Trades at www.howardofalltrades.com (including any content, functionality,
communication channels, software, and Services offered on or through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of Service. Howard of all
Trades may terminate your ability to use the Platform without notice if you do not comply with
these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the
Platform. You must be at least 18 years old to use the Platform.
Howard of all Trades reserves the right to make changes to the Platform and to these Terms of
Service at any time. All changes are effective immediately when posted. Your continued use of the
Platform following the posting of the revised Terms of Service means that you accept and agree to
the changes.
All Information Howard of all Trades collects on the Platform is subject to our Privacy Notice posted
on the Platform. By using the Platform, you consent to all actions taken by us with respect to your
Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and
governed by these Terms of Service. To the extent there is a conflict, these Terms of Service
supersede the Privacy Notice. You agree that you will not upload any confidential or personal
information onto the Platform except for personal information specifically requested by Howard of
all Trades pursuant to the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is posted on the Platform to the
best of Howard of all Trades’ knowledge.
As used in these Terms of Service, references to the “Howard of all Trades team” include Howard of
all Trades, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all
parties involved in creating, producing, and/or delivering the Platform.
2. Services
Howard of all Trades provides a multitude of product integrations and services (the “Services”) on
the Platform, which you may subscribe to through the Platform. All references to the Platform
include the Services. All Services are subject to these Terms of Service as well as the additional
provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict
between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the
Services including changes that may affect the previous mode of operation of the Services. We
believe that any such modifications will enhance the overall Services, but it is possible that your
opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of
Services on or through the Platform is not contingent on the delivery by us of any future release of
any functionality or feature, including but not limited to the continuation of a certain Service beyond
its current subscription term, or any third-party services.
c. As-Is. The Platform is provided on an as-is basis as further described in Section 21, except as
expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services such as “power
dialer” may have some resemblance to those provided by others, but our Platform features and
terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and programs offered by
Howard of all Trades on the Platform. To the extent there is a conflict, these Terms of Service will
take precedence. The terms for the Howard of all Trades affiliate program are available here:
3. Intellectual Property
The Platform and its entire content, data, features, Services, and functionality (including but not
limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other
material that can be viewed on the Platform) (“Platform Content”) are the property of Howard of all
Trades or its licensors and are protected by copyright, trademark, and other intellectual property
laws, except as indicated below. Platform Content does not include User Contribution(s), as defined
below.
The Howard of all Trades and related logos are trademarks and service marks (“Marks”) of Howard
of all Trades. Howard of all Trades Marks may not be used without advance written permission of
Howard of all Trades, including in connection with any product or service that is not provided by
Howard of all Trades, or in any manner that is likely to cause confusion or in any manner that
disparages, discredits, or misrepresents Howard of all Trades. Other products or company names
mentioned on the Platform may be trademarks or service marks of their respective owners.
A third-party website may feature our logos or trademarks, with or without authorization. Our logos
or trademarks featured in any third-party website do not constitute or imply any approval,
sponsorship, or endorsement of Howard of all Trades.
If you believe that any content on the Platform violates your intellectual property rights, please
notify Howard of all Trades as described in Sections 18 and 31.
4. Limited License And Prohibited Uses
Howard of all Trades grants you a personal, royalty-free, non-assignable, revocable, and non-
exclusive license to access and use the Platform Content while using the Platform. Except to make
the Services available to you and your end users, as expressly permitted under these Terms of
Service, any other use, including the reproduction, modification, distribution, transmission,
republication, framing, display, or performance of Platform Content without prior permission of
Howard of all Trades is strictly prohibited. You may not remove any Marks or other proprietary
notices, including, without limitation, attribution information, credits, and copyright notices that
have been placed on or near the Platform Content.
You, your employees, and your end-user clients (“Clients”) may use the Platform only for lawful
purposes and in accordance with these Terms of Service. You agree that you, your employees, and
your Clients will not:
- Use the Platform or any Services in any way that violates any applicable law or regulation.
- Use the Platform or any Services for the purpose of exploiting, harming, or attempting to exploit
or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with
these Terms of Service.
- Transmit, or procure the sending of, any unlawful advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Howard of all Trades, or a Howard of all Trades employee,
another user, or any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or
any Services, or which, as determined by Howard of all Trades. may harm Howard of all Trades or
users of the Platform or expose them to liability.
- Use the Platform or any Services in any manner that could disable, overburden, damage, or impair
the Platform or interfere with any other party's use of the Platform, including their ability to engage
in real-time activities through the Platform.
- Use any robot, spider, or other automatic devices, process, or means to access the Platform for any
purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other
unauthorized purpose without Howard of all Trades’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform or any
Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Platform, the server on which the Platform is stored, any server, computer, or database connected
to the Platform, or any Services.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform or any Services.
5 . Customer/End User Conduct
● In connection with your use of the Platform or Services, you agree that:
● You, your employees, agents, and Clients will maintain in effect all licenses, permissions,
authorizations, consents, and permits necessary to carry out the obligations under these Terms of
Service.
● You are fully responsible for your actions and the actions of your employees, agents, and Clients
with respect to the use of the Platform. ● You are fully responsible for the use of the Services by
your Clients. Howard of all Trades’ agreement is with you, not your Clients.
● You, your employees, agents, and Clients will not misrepresent the Services.
● You will provide these Terms of Service to your employees, agents, and Clients and confirm that all
employees, agents, and Clients understand that they are subject to these Terms of Service if they
use or offer the Services.
● You own or control all rights in and to all content you provide to Howard of all Trades.
● You will be solely responsible for all of your use of the Platform, including the quality and integrity
of any data and other information made available to us by or for you through the use of the Services
under these Terms of Service and each Service that you make available to your Clients.
● You have provided, and will continue to provide, adequate notices and have obtained, and will
continue to obtain, the necessary permissions and consents to provide your Client’s data to us for
use and disclosure in accordance with these Terms of Service and our Privacy Notice.
● You, your employees, and your Clients will provide reasonable cooperation regarding information
requests from law enforcement, regulators, or telecommunication providers.
6. Your Use Of Communications Features of the Services
Howard of all Trades is the provider of Services for your use, which may include certain
communications features such as SMS, MMS, email, voice call capabilities, and other methods. You
agree that:
- You are exclusively responsible for all communications sent using the Services, including
compliance with all laws governing those communications such as the Telephone Consumer
Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply
with those laws.
- You understand that your use of the Services may violate applicable laws if you do not comply with
them. Howard of all Trades is not responsible for your compliance with laws and does not represent
that your use of the Services will comply with any laws. You should consult a lawyer for legal advice
to ensure your communications comply with applicable law.
- Howard of all Trades is a technology platform communication service application provider only.
Howard of all Trades does not originate, send, or deliver any communications to any recipient via
SMS, MMS, email, or other communication methods;
- You, not Howard of all Trades, are the maker or initiator of any communications. You control the
message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and
sends messages only as arranged and prescribed by you. All communications, whether, without
limitation, SMS, MMS, or email, are created by and initiated by you and/or your Clients, whether
generated by you or sent automatically via the Services at your direction.
- Any customer data provided to Howard of all Trades through any means, including without
limitation, by inbound text, data imports, tablet sign-ins, API calls, or manual entry, only includes
data from individuals who have explicitly opted into your communications program and have
explicitly agreed to receive your communications (whether by SMS, MMS, email, voice
communication or other methods) in accordance with applicable law, including without limitation
the TCPA.
7. Payment a. Fees. If you choose to purchase one or more of the Services provided on the Platform,
you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides
tiered pricing for different levels of Services and products based on the Services you choose to use.
In addition to our monthly subscription Services, you may purchase add-in Services for a one-time
Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any
applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges
(collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated
with your use of the Services. Communications Surcharges will be shown as a separate line item on
an invoice. All Fees and Communications Surcharges are nonrefundable.
b. Any charges incurred by your purchase or use of the Services will be billed to the credit card we
have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such
as a subscription), such charges will be billed in advance of the Service. You agree to provide us with
accurate and complete billing information, including valid credit card information, your name,
address, and telephone number, and to provide us with any changes in such information within 10
days of the change.
If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely
responsible for all related transactions, including but not limited to refunds and chargebacks of such
Fees that are passed on. Howard of all Trades is not responsible for resolving issues related to costs
passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts
charged by Howard of all Trades without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”)
associated with your use of the Platform, including all Taxes associated with the Services you order
and any transactions you conduct with your Clients. Howard of all Trades may collect Taxes from
you as part of the Fees as it deems appropriate, and all Howard of all Trades determinations
regarding what Taxes to collect are final. Howard of all Trades may recalculate and collect additional
Taxes from you if it determines at any point that they are due. You will indemnify Howard of all
Trades for all Claims related to Taxes that are associated with your activities on the Platform,
including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes,
like all Fees, are nonrefundable.
d. Overdue Amounts. If for any reason, your credit card company declines or otherwise refuses to
pay the amount owed for the Services you have purchased, you agree that we may suspend or
terminate the performance of Services or delivery of products and may require you to pay any
overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties)
by other means acceptable to us. In the event legal action is necessary to collect on balances due,
you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees
and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for
any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is
pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must
act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Howard
of all Trades determinations regarding your obligation to pay invoiced charges are final.
f. No Refunds. Except as described below, all Fees assessed by Howard of all Trades are non-
refundable, and Howard of all Trades does not provide Fee refunds or credits for partially used or
unused subscriptions. If you sign up for a Service subscription but do not access the Service or
Platform, you are still responsible for all Fees during the term of your subscription. If Howard of all
Trades chooses at its sole discretion to issue a refund or credit in one instance, we are under no
obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1. Where we materially modify these Terms of Service or Privacy Notice during a billing period and
such modification adversely affects you, we may refund a portion of your subscription Fee equal to
the remaining unused term, as we determine appropriate or as may be required by applicable law.
To be eligible for a refund, you must provide written notice that (a) identifies your account and (b)
requests cancellation of the specific Service. The cancellation will be effective upon our receipt of
your notice and our determination that you are authorized to effect such cancellation. Please refer
to the “Communications and Contact Information” section below on how to provide notice to us.
2. Where a modification or interruption of Services adversely affects you and alternative remedies,
as specified in these Terms of Service, are not available, we may refund a portion of your paid
subscription Fee equal to the remaining unused term of your subscription, as we determine
appropriate or as may be required by applicable law.
8. Resale of Services (MAP Policy) Some levels of the Services allow you to resell access to the
version of the Platform that is customized for or by you. If you are authorized to resell access, you
must comply with our minimum advertised price policy as described in this section and the
provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform for a price of less than
$97 per month (the “MAP”).
b. Determining Advertised Price. The price at which you are advertising access to the Platform is
determined after deduction of coupon discounts, rebates, value of product giveaways, gift card
amounts, and other promotional offers, that have the effect of lowering an advertised price.
c. Media. This MAP policy applies to advertising in any media. However, this policy does not apply to
advertising at a brick-and-mortar selling location that is not distributed or visible to customers
outside that location, or final sale prices first disclosed to customers in “shopping carts” in web-
based sales (so long as such prices cannot be retrieved by search engines or otherwise displayed to
other customers).
d. Changes. The MAP is established by Howard of all Trades and may be changed by Howard of all
Trades from time to time in its sole discretion. Any changes to the MAP will be communicated by a
change to this section of these Terms of Service. Howard of all Trades may also notify you of any
change to the MAP.
e. Final Sale Price. This MAP policy applies only to the prices at which you advertise access to the
Platform and does not restrict your ability to set the final price at which you resell access to the
Platform. Howard of all Trades will not sanction or otherwise penalize you solely for reselling access
to the Platform below the MAP.
f. Exceptions. This MAP policy does not apply to advertising within any jurisdiction in which
minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to
transmit an advertised price less than the MAP from any such jurisdiction to customers in any
jurisdiction in which the policy is permissible.
g. European Union and the United Kingdom. For sales into the European Union and the United
Kingdom, this MAP policy does not prohibit you from offering consumers discounts or
communicating to consumers that their final price could differ from the MAP.
h. Resale Restrictions. When reselling the service, you agree that you are fully liable to your resale
Clients for the Service and will handle all disputes and inquiries they have without any involvement
from Howard of all Trades, unless Howard of all Trades offers to assist.
i. You Are Not Howard of All Trades. Do not present yourself as Howard of all Trades when reselling
the Service, hold yourself out as a representative of Howard of all Trades, or indicate that you are
associated with Howard of all Trades in any way. Do not direct your resale Clients to contact Howard
of all Trades for any reason, including for Service support.
j. Suspension and Termination. We may suspend or terminate your ability to resell Services as
described in this section in our sole discretion and with or without advance notice to you if we
determine that you are violating this Agreement or for any other reason.
9. Excessive Data Usage Your excessive data use may cause the Service to be slow or unavailable.
We have no liability for the effect that your excessive data use may have on Service performance.
We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are
able to use, with or without advance notice, if we determine in our sole discretion that your data
use is excessive, abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process more data with less
impact on Service performance. Contact us if you would like more information about pricing for data
usage that may be more appropriate for your needs.
Here's the text with all instances of "Howard of all Trades" replaced with “Howard of all Trades”:
10 . Training
Howard of all Trades may offer training to you related to how to use the Services. All training and
associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained
further in Section 21 (Disclaimer). You know your own situation and your Clients, and you alone are
responsible for how and whether you adopt any strategies learned through Training. Howard of all
Trades makes no guarantees that Training will produce any particular outcome, and Training may in
rare cases be counterproductive depending on your situation.
11 . Data Stored on Our Servers
Subject to our Privacy Notice, you agree that we have no responsibility or liability for the deletion or
failure to store any content maintained or transmitted on or through the Platform. You acknowledge
that we reserve the right to remove or terminate accounts that have not paid a subscription Fee,
that remain inactive for longer than one (1) year, or that have violated one or more terms of this
Agreement.
12 . Account Registration
To access portions of the Platform or to register for or use the Services, you will be asked to provide
registration details or other Information. It is a condition of your use of the Platform that all
Information you provide is complete, current, and accurate. All information you provide to register
with the Platform, complete a transaction through the Platform, or otherwise is governed by our
Privacy Notice, and you consent to all actions Howard of all Trades takes with respect to your
Information consistent with our Privacy Notice.
13 . Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login
Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not
authorized by you. You agree to notify Howard of all Trades immediately of any unauthorized access
to or use of your account or Login Credentials or any other breach of security. Howard of all Trades
reserves the right to disable your Login Credentials at any time in its sole discretion for any or no
reason, including if, in Howard of all Trades’ opinion, you have violated any provision of these Terms
of Service. User accounts are non-transferable, and all users are obligated to take preventative
measures to prohibit unauthorized users from accessing the Platform with his or her password.
14 . User Contributions
To ask questions about this Privacy Notice and our privacy practices, contact us at company email by
mail at: dejash@howardofalltrades.com
Howard of all Trades
ATTN: Howard of all Trades Team
Howard of all Trades 511 N Reilly Rd STE A-91 Fayetteville NC 28303
EFFECTIVE DATE: 1/24/24
Updated: January 31, 2024
1. Overview
These terms of service (“Terms of Service”) are entered into between you and Howard of all Trades
(“Howard of all Trades,” “we,” or “us”). The Terms of Service govern your access to and use of the
Howard of all Trades at www.howardofalltrades.com (including any content, functionality,
communication channels, software, and Services offered on or through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of Service. Howard of all
Trades may terminate your ability to use the Platform without notice if you do not comply with
these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the
Platform. You must be at least 18 years old to use the Platform.
Howard of all Trades reserves the right to make changes to the Platform and to these Terms of
Service at any time. All changes are effective immediately when posted. Your continued use of the
Platform following the posting of the revised Terms of Service means that you accept and agree to
the changes.
All Information Howard of all Trades collects on the Platform is subject to our Privacy Notice posted
on the Platform. By using the Platform, you consent to all actions taken by us with respect to your
Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and
governed by these Terms of Service. To the extent there is a conflict, these Terms of Service
supersede the Privacy Notice. You agree that you will not upload any confidential or personal
information onto the Platform except for personal information specifically requested by Howard of
all Trades pursuant to the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is posted on the Platform to the
best of Howard of all Trades’ knowledge.
As used in these Terms of Service, references to the “Howard of all Trades team” include Howard of
all Trades, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all
parties involved in creating, producing, and/or delivering the Platform.
2. Services
Howard of all Trades provides a multitude of product integrations and services (the “Services”) on
the Platform, which you may subscribe to through the Platform. All references to the Platform
include the Services. All Services are subject to these Terms of Service as well as the additional
provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict
between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the
Services including changes that may affect the previous mode of operation of the Services. We
believe that any such modifications will enhance the overall Services, but it is possible that your
opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of
Services on or through the Platform is not contingent on the delivery by us of any future release of
any functionality or feature, including but not limited to the continuation of a certain Service beyond
its current subscription term, or any third-party services.
c. As-Is. The Platform is provided on an as-is basis as further described in Section 21, except as
expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services such as “power
dialer” may have some resemblance to those provided by others, but our Platform features and
terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and programs offered by
Howard of all Trades on the Platform. To the extent there is a conflict, these Terms of Service will
take precedence. The terms for the Howard of all Trades affiliate program are available here:
3. Intellectual Property
The Platform and its entire content, data, features, Services, and functionality (including but not
limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other
material that can be viewed on the Platform) (“Platform Content”) are the property of Howard of all
Trades or its licensors and are protected by copyright, trademark, and other intellectual property
laws, except as indicated below. Platform Content does not include User Contribution(s), as defined
below.
The Howard of all Trades and related logos are trademarks and service marks (“Marks”) of Howard
of all Trades. Howard of all Trades Marks may not be used without advance written permission of
Howard of all Trades, including in connection with any product or service that is not provided by
Howard of all Trades, or in any manner that is likely to cause confusion or in any manner that
disparages, discredits, or misrepresents Howard of all Trades. Other products or company names
mentioned on the Platform may be trademarks or service marks of their respective owners.
A third-party website may feature our logos or trademarks, with or without authorization. Our logos
or trademarks featured in any third-party website do not constitute or imply any approval,
sponsorship, or endorsement of Howard of all Trades.
If you believe that any content on the Platform violates your intellectual property rights, please
notify Howard of all Trades as described in Sections 18 and 31.
4. Limited License And Prohibited Uses
Howard of all Trades grants you a personal, royalty-free, non-assignable, revocable, and non-
exclusive license to access and use the Platform Content while using the Platform. Except to make
the Services available to you and your end users, as expressly permitted under these Terms of
Service, any other use, including the reproduction, modification, distribution, transmission,
republication, framing, display, or performance of Platform Content without prior permission of
Howard of all Trades is strictly prohibited. You may not remove any Marks or other proprietary
notices, including, without limitation, attribution information, credits, and copyright notices that
have been placed on or near the Platform Content.
You, your employees, and your end-user clients (“Clients”) may use the Platform only for lawful
purposes and in accordance with these Terms of Service. You agree that you, your employees, and
your Clients will not:
- Use the Platform or any Services in any way that violates any applicable law or regulation.
- Use the Platform or any Services for the purpose of exploiting, harming, or attempting to exploit
or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with
these Terms of Service.
- Transmit, or procure the sending of, any unlawful advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Howard of all Trades, or a Howard of all Trades employee,
another user, or any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or
any Services, or which, as determined by Howard of all Trades. may harm Howard of all Trades or
users of the Platform or expose them to liability.
- Use the Platform or any Services in any manner that could disable, overburden, damage, or impair
the Platform or interfere with any other party's use of the Platform, including their ability to engage
in real-time activities through the Platform.
- Use any robot, spider, or other automatic devices, process, or means to access the Platform for any
purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other
unauthorized purpose without Howard of all Trades’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform or any
Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Platform, the server on which the Platform is stored, any server, computer, or database connected
to the Platform, or any Services.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform or any Services.
5 . Customer/End User Conduct
● In connection with your use of the Platform or Services, you agree that:
● You, your employees, agents, and Clients will maintain in effect all licenses, permissions,
authorizations, consents, and permits necessary to carry out the obligations under these Terms of
Service.
● You are fully responsible for your actions and the actions of your employees, agents, and Clients
with respect to the use of the Platform.
● You are fully responsible for the use of the Services by
your Clients. Howard of all Trades’ agreement is with you, not your Clients.
● You, your employees, agents, and Clients will not misrepresent the Services.
● You will provide these Terms of Service to your employees, agents, and Clients and confirm that all
employees, agents, and Clients understand that they are subject to these Terms of Service if they
use or offer the Services.
● You own or control all rights in and to all content you provide to Howard of all Trades.
● You will be solely responsible for all of your use of the Platform, including the quality and integrity
of any data and other information made available to us by or for you through the use of the Services
under these Terms of Service and each Service that you make available to your Clients.
● You have provided, and will continue to provide, adequate notices and have obtained, and will
continue to obtain, the necessary permissions and consents to provide your Client’s data to us for
use and disclosure in accordance with these Terms of Service and our Privacy Notice.
● You, your employees, and your Clients will provide reasonable cooperation regarding information
requests from law enforcement, regulators, or telecommunication providers.
6. Your Use Of Communications Features of the Services
Howard of all Trades is the provider of Services for your use, which may include certain
communications features such as SMS, MMS, email, voice call capabilities, and other methods. You
agree that:
- You are exclusively responsible for all communications sent using the Services, including
compliance with all laws governing those communications such as the Telephone Consumer
Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply
with those laws.
- You understand that your use of the Services may violate applicable laws if you do not comply with
them. Howard of all Trades is not responsible for your compliance with laws and does not represent
that your use of the Services will comply with any laws. You should consult a lawyer for legal advice
to ensure your communications comply with applicable law.
- Howard of all Trades is a technology platform communication service application provider only.
Howard of all Trades does not originate, send, or deliver any communications to any recipient via
SMS, MMS, email, or other communication methods;
- You, not Howard of all Trades, are the maker or initiator of any communications. You control the
message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and
sends messages only as arranged and prescribed by you. All communications, whether, without
limitation, SMS, MMS, or email, are created by and initiated by you and/or your Clients, whether
generated by you or sent automatically via the Services at your direction.
- Any customer data provided to Howard of all Trades through any means, including without
limitation, by inbound text, data imports, tablet sign-ins, API calls, or manual entry, only includes
data from individuals who have explicitly opted into your communications program and have
explicitly agreed to receive your communications (whether by SMS, MMS, email, voice
communication or other methods) in accordance with applicable law, including without limitation
the TCPA.
7. Payment a. Fees. If you choose to purchase one or more of the Services provided on the Platform,
you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides
tiered pricing for different levels of Services and products based on the Services you choose to use.
In addition to our monthly subscription Services, you may purchase add-in Services for a one-time
Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any
applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges
(collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated
with your use of the Services. Communications Surcharges will be shown as a separate line item on
an invoice. All Fees and Communications Surcharges are nonrefundable.
b. Any charges incurred by your purchase or use of the Services will be billed to the credit card we
have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such
as a subscription), such charges will be billed in advance of the Service. You agree to provide us with
accurate and complete billing information, including valid credit card information, your name,
address, and telephone number, and to provide us with any changes in such information within 10
days of the change.
If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely
responsible for all related transactions, including but not limited to refunds and chargebacks of such
Fees that are passed on. Howard of all Trades is not responsible for resolving issues related to costs
passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts
charged by Howard of all Trades without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”)
associated with your use of the Platform, including all Taxes associated with the Services you order
and any transactions you conduct with your Clients. Howard of all Trades may collect Taxes from
you as part of the Fees as it deems appropriate, and all Howard of all Trades determinations
regarding what Taxes to collect are final. Howard of all Trades may recalculate and collect additional
Taxes from you if it determines at any point that they are due. You will indemnify Howard of all
Trades for all Claims related to Taxes that are associated with your activities on the Platform,
including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes,
like all Fees, are nonrefundable.
d. Overdue Amounts. If for any reason, your credit card company declines or otherwise refuses to
pay the amount owed for the Services you have purchased, you agree that we may suspend or
terminate the performance of Services or delivery of products and may require you to pay any
overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties)
by other means acceptable to us. In the event legal action is necessary to collect on balances due,
you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees
and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for
any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is
pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must
act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Howard
of all Trades determinations regarding your obligation to pay invoiced charges are final.
f. No Refunds. Except as described below, all Fees assessed by Howard of all Trades are non-
refundable, and Howard of all Trades does not provide Fee refunds or credits for partially used or
unused subscriptions. If you sign up for a Service subscription but do not access the Service or
Platform, you are still responsible for all Fees during the term of your subscription. If Howard of all
Trades chooses at its sole discretion to issue a refund or credit in one instance, we are under no
obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1. Where we materially modify these Terms of Service or Privacy Notice during a billing period and
such modification adversely affects you, we may refund a portion of your subscription Fee equal to
the remaining unused term, as we determine appropriate or as may be required by applicable law.
To be eligible for a refund, you must provide written notice that (a) identifies your account and (b)
requests cancellation of the specific Service. The cancellation will be effective upon our receipt of
your notice and our determination that you are authorized to effect such cancellation. Please refer
to the “Communications and Contact Information” section below on how to provide notice to us.
2. Where a modification or interruption of Services adversely affects you and alternative remedies,
as specified in these Terms of Service, are not available, we may refund a portion of your paid
subscription Fee equal to the remaining unused term of your subscription, as we determine
appropriate or as may be required by applicable law.
8. Resale of Services (MAP Policy) Some levels of the Services allow you to resell access to the
version of the Platform that is customized for or by you. If you are authorized to resell access, you
must comply with our minimum advertised price policy as described in this section and the
provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform for a price of less than
$97 per month (the “MAP”).
b. Determining Advertised Price. The price at which you are advertising access to the Platform is
determined after deduction of coupon discounts, rebates, value of product giveaways, gift card
amounts, and other promotional offers, that have the effect of lowering an advertised price.
c. Media. This MAP policy applies to advertising in any media. However, this policy does not apply to
advertising at a brick-and-mortar selling location that is not distributed or visible to customers
outside that location, or final sale prices first disclosed to customers in “shopping carts” in web-
based sales (so long as such prices cannot be retrieved by search engines or otherwise displayed to
other customers).
d. Changes. The MAP is established by Howard of all Trades and may be changed by Howard of all
Trades from time to time in its sole discretion. Any changes to the MAP will be communicated by a
change to this section of these Terms of Service. Howard of all Trades may also notify you of any
change to the MAP.
e. Final Sale Price. This MAP policy applies only to the prices at which you advertise access to the
Platform and does not restrict your ability to set the final price at which you resell access to the
Platform. Howard of all Trades will not sanction or otherwise penalize you solely for reselling access
to the Platform below the MAP.
f. Exceptions. This MAP policy does not apply to advertising within any jurisdiction in which
minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to
transmit an advertised price less than the MAP from any such jurisdiction to customers in any
jurisdiction in which the policy is permissible.
g. European Union and the United Kingdom. For sales into the European Union and the United
Kingdom, this MAP policy does not prohibit you from offering consumers discounts or
communicating to consumers that their final price could differ from the MAP.
h. Resale Restrictions. When reselling the service, you agree that you are fully liable to your resale
Clients for the Service and will handle all disputes and inquiries they have without any involvement
from Howard of all Trades, unless Howard of all Trades offers to assist.
i. You Are Not Howard of All Trades. Do not present yourself as Howard of all Trades when reselling
the Service, hold yourself out as a representative of Howard of all Trades, or indicate that you are
associated with Howard of all Trades in any way. Do not direct your resale Clients to contact Howard
of all Trades for any reason, including for Service support.
j. Suspension and Termination. We may suspend or terminate your ability to resell Services as
described in this section in our sole discretion and with or without advance notice to you if we
determine that you are violating this Agreement or for any other reason.
9. Excessive Data Usage Your excessive data use may cause the Service to be slow or unavailable.
We have no liability for the effect that your excessive data use may have on Service performance.
We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are
able to use, with or without advance notice, if we determine in our sole discretion that your data
use is excessive, abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process more data with less
impact on Service performance. Contact us if you would like more information about pricing for data
usage that may be more appropriate for your needs.
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10 . Training
Howard of all Trades may offer training to you related to how to use the Services. All training and
associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained
further in Section 21 (Disclaimer). You know your own situation and your Clients, and you alone are
responsible for how and whether you adopt any strategies learned through Training. Howard of all
Trades makes no guarantees that Training will produce any particular outcome, and Training may in
rare cases be counterproductive depending on your situation.
11 . Data Stored on Our Servers
Subject to our Privacy Notice, you agree that we have no responsibility or liability for the deletion or
failure to store any content maintained or transmitted on or through the Platform. You acknowledge
that we reserve the right to remove or terminate accounts that have not paid a subscription Fee,
that remain inactive for longer than one (1) year, or that have violated one or more terms of this
Agreement.
12 . Account Registration
To access portions of the Platform or to register for or use the Services, you will be asked to provide
registration details or other Information. It is a condition of your use of the Platform that all
Information you provide is complete, current, and accurate. All information you provide to register
with the Platform, complete a transaction through the Platform, or otherwise is governed by our
Privacy Notice, and you consent to all actions Howard of all Trades takes with respect to your
Information consistent with our Privacy Notice.
13 . Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login
Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not
authorized by you. You agree to notify Howard of all Trades immediately of any unauthorized access
to or use of your account or Login Credentials or any other breach of security. Howard of all Trades
reserves the right to disable your Login Credentials at any time in its sole discretion for any or no
reason, including if, in Howard of all Trades’ opinion, you have violated any provision of these Terms
of Service. User accounts are non-transferable, and all users are obligated to take preventative
measures to prohibit unauthorized users from accessing the Platform with his or her password.
14 . User Contributions
To ask questions about this Privacy Notice and our privacy practices, contact us at company email by
mail at: dejash@howardofalltrades.com
Howard of all Trades
ATTN: Howard of all Trades Team
Howard of all Trades 511 N Reilly Rd STE A-91 Fayetteville NC 28303
EFFECTIVE DATE: 1/24/24
Updated: January 31, 2024
1. Overview
These terms of service (“Terms of Service”) are entered into between you and Howard of all Trades
(“Howard of all Trades,” “we,” or “us”). The Terms of Service govern your access to and use of the
Howard of all Trades at www.howardofalltrades.com (including any content, functionality,
communication channels, software, and Services offered on or through it (the “Platform”).
By using the Platform, you agree to be bound and abide by these Terms of Service. Howard of all
Trades may terminate your ability to use the Platform without notice if you do not comply with
these Terms of Service. If you do not agree to these Terms of Service, you must not access or use the
Platform. You must be at least 18 years old to use the Platform.
Howard of all Trades reserves the right to make changes to the Platform and to these Terms of
Service at any time. All changes are effective immediately when posted. Your continued use of the
Platform following the posting of the revised Terms of Service means that you accept and agree to
the changes.
All Information Howard of all Trades collects on the Platform is subject to our Privacy Notice posted
on the Platform. By using the Platform, you consent to all actions taken by us with respect to your
Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and
governed by these Terms of Service. To the extent there is a conflict, these Terms of Service
supersede the Privacy Notice. You agree that you will not upload any confidential or personal
information onto the Platform except for personal information specifically requested by Howard of
all Trades pursuant to the Privacy Notice.
All Platform Content (as defined below) is current as of the date it is posted on the Platform to the
best of Howard of all Trades’ knowledge.
As used in these Terms of Service, references to the “Howard of all Trades team” include Howard of
all Trades, our owners, assigns, subsidiaries, affiliated companies, officers, and directors, and all
parties involved in creating, producing, and/or delivering the Platform.
2. Services
Howard of all Trades provides a multitude of product integrations and services (the “Services”) on
the Platform, which you may subscribe to through the Platform. All references to the Platform
include the Services. All Services are subject to these Terms of Service as well as the additional
provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict
between the additional terms linked below and these Terms of Service.
a. Right to Modify the Services. We reserve the right to implement new elements as part of the
Services including changes that may affect the previous mode of operation of the Services. We
believe that any such modifications will enhance the overall Services, but it is possible that your
opinion may vary.
b. No Contingency on Further Releases and Improvements. You understand that your purchase of
Services on or through the Platform is not contingent on the delivery by us of any future release of
any functionality or feature, including but not limited to the continuation of a certain Service beyond
its current subscription term, or any third-party services.
c. As-Is. The Platform is provided on an as-is basis as further described in Section 21, except as
expressly provided otherwise in this Agreement.
d. Features. Features and terms used in connection with the Platform and Services such as “power
dialer” may have some resemblance to those provided by others, but our Platform features and
terms are specific to our Platform.
e. Additional Terms. Additional terms may apply to specific services and programs offered by
Howard of all Trades on the Platform. To the extent there is a conflict, these Terms of Service will
take precedence. The terms for the Howard of all Trades affiliate program are available here:
3. Intellectual Property
The Platform and its entire content, data, features, Services, and functionality (including but not
limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other
material that can be viewed on the Platform) (“Platform Content”) are the property of Howard of all
Trades or its licensors and are protected by copyright, trademark, and other intellectual property
laws, except as indicated below. Platform Content does not include User Contribution(s), as defined
below.
The Howard of all Trades and related logos are trademarks and service marks (“Marks”) of Howard
of all Trades. Howard of all Trades Marks may not be used without advance written permission of
Howard of all Trades, including in connection with any product or service that is not provided by
Howard of all Trades, or in any manner that is likely to cause confusion or in any manner that
disparages, discredits, or misrepresents Howard of all Trades. Other products or company names
mentioned on the Platform may be trademarks or service marks of their respective owners.
A third-party website may feature our logos or trademarks, with or without authorization. Our logos
or trademarks featured in any third-party website do not constitute or imply any approval,
sponsorship, or endorsement of Howard of all Trades.
If you believe that any content on the Platform violates your intellectual property rights, please
notify Howard of all Trades as described in Sections 18 and 31.
4. Limited License And Prohibited Uses
Howard of all Trades grants you a personal, royalty-free, non-assignable, revocable, and non-
exclusive license to access and use the Platform Content while using the Platform. Except to make
the Services available to you and your end users, as expressly permitted under these Terms of
Service, any other use, including the reproduction, modification, distribution, transmission,
republication, framing, display, or performance of Platform Content without prior permission of
Howard of all Trades is strictly prohibited. You may not remove any Marks or other proprietary
notices, including, without limitation, attribution information, credits, and copyright notices that
have been placed on or near the Platform Content.
You, your employees, and your end-user clients (“Clients”) may use the Platform only for lawful
purposes and in accordance with these Terms of Service. You agree that you, your employees, and
your Clients will not:
- Use the Platform or any Services in any way that violates any applicable law or regulation.
- Use the Platform or any Services for the purpose of exploiting, harming, or attempting to exploit
or harm anyone in any way.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with
these Terms of Service.
- Transmit, or procure the sending of, any unlawful advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- Impersonate or attempt to impersonate Howard of all Trades, or a Howard of all Trades employee,
another user, or any other person or entity (including, without limitation, by using email addresses
associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or
any Services, or which, as determined by Howard of all Trades. may harm Howard of all Trades or
users of the Platform or expose them to liability.
- Use the Platform or any Services in any manner that could disable, overburden, damage, or impair
the Platform or interfere with any other party's use of the Platform, including their ability to engage
in real-time activities through the Platform.
- Use any robot, spider, or other automatic devices, process, or means to access the Platform for any
purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other
unauthorized purpose without Howard of all Trades’ prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform or any
Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Platform, the server on which the Platform is stored, any server, computer, or database connected
to the Platform, or any Services.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform or any Services.
5 . Customer/End User Conduct
● In connection with your use of the Platform or Services, you agree that:
● You, your employees, agents, and Clients will maintain in effect all licenses, permissions,
authorizations, consents, and permits necessary to carry out the obligations under these Terms of
Service.
● You are fully responsible for your actions and the actions of your employees, agents, and Clients
with respect to the use of the Platform.
● You are fully responsible for the use of the Services by
your Clients. Howard of all Trades’ agreement is with you, not your Clients.
● You, your employees, agents, and Clients will not misrepresent the Services.
● You will provide these Terms of Service to your employees, agents, and Clients and confirm that all
employees, agents, and Clients understand that they are subject to these Terms of Service if they
use or offer the Services.
● You own or control all rights in and to all content you provide to Howard of all Trades.
● You will be solely responsible for all of your use of the Platform, including the quality and integrity
of any data and other information made available to us by or for you through the use of the Services
under these Terms of Service and each Service that you make available to your Clients.
● You have provided, and will continue to provide, adequate notices and have obtained, and will
continue to obtain, the necessary permissions and consents to provide your Client’s data to us for
use and disclosure in accordance with these Terms of Service and our Privacy Notice.
● You, your employees, and your Clients will provide reasonable cooperation regarding information
requests from law enforcement, regulators, or telecommunication providers.
6. Your Use Of Communications Features of the Services
Howard of all Trades is the provider of Services for your use, which may include certain
communications features such as SMS, MMS, email, voice call capabilities, and other methods. You
agree that:
- You are exclusively responsible for all communications sent using the Services, including
compliance with all laws governing those communications such as the Telephone Consumer
Protection Act (“TCPA”) and the CAN-SPAM Act, and you agree that you understand and will comply
with those laws.
- You understand that your use of the Services may violate applicable laws if you do not comply with
them. Howard of all Trades is not responsible for your compliance with laws and does not represent
that your use of the Services will comply with any laws. You should consult a lawyer for legal advice
to ensure your communications comply with applicable law.
- Howard of all Trades is a technology platform communication service application provider only.
Howard of all Trades does not originate, send, or deliver any communications to any recipient via
SMS, MMS, email, or other communication methods;
- You, not Howard of all Trades, are the maker or initiator of any communications. You control the
message, timing, sending, fraud prevention, and call blocking. The Service is purely reactive and
sends messages only as arranged and prescribed by you. All communications, whether, without
limitation, SMS, MMS, or email, are created by and initiated by you and/or your Clients, whether
generated by you or sent automatically via the Services at your direction.
- Any customer data provided to Howard of all Trades through any means, including without
limitation, by inbound text, data imports, tablet sign-ins, API calls, or manual entry, only includes
data from individuals who have explicitly opted into your communications program and have
explicitly agreed to receive your communications (whether by SMS, MMS, email, voice
communication or other methods) in accordance with applicable law, including without limitation
the TCPA.
7. Payment a. Fees. If you choose to purchase one or more of the Services provided on the Platform,
you agree to pay all fees (“Fees”) associated with the Services. Our monthly subscription provides
tiered pricing for different levels of Services and products based on the Services you choose to use.
In addition to our monthly subscription Services, you may purchase add-in Services for a one-time
Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any
applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges
(collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated
with your use of the Services. Communications Surcharges will be shown as a separate line item on
an invoice. All Fees and Communications Surcharges are nonrefundable.
b. Any charges incurred by your purchase or use of the Services will be billed to the credit card we
have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such
as a subscription), such charges will be billed in advance of the Service. You agree to provide us with
accurate and complete billing information, including valid credit card information, your name,
address, and telephone number, and to provide us with any changes in such information within 10
days of the change.
If you are passing the obligation to pay Platform-related Fees to your Clients, you are solely
responsible for all related transactions, including but not limited to refunds and chargebacks of such
Fees that are passed on. Howard of all Trades is not responsible for resolving issues related to costs
passed on to your Clients. Any fees passed on to Clients or other third parties must be amounts
charged by Howard of all Trades without increase or markup.
c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”)
associated with your use of the Platform, including all Taxes associated with the Services you order
and any transactions you conduct with your Clients. Howard of all Trades may collect Taxes from
you as part of the Fees as it deems appropriate, and all Howard of all Trades determinations
regarding what Taxes to collect are final. Howard of all Trades may recalculate and collect additional
Taxes from you if it determines at any point that they are due. You will indemnify Howard of all
Trades for all Claims related to Taxes that are associated with your activities on the Platform,
including any Taxes related to your transactions with your Clients, as described in Section 22. Taxes,
like all Fees, are nonrefundable.
d. Overdue Amounts. If for any reason, your credit card company declines or otherwise refuses to
pay the amount owed for the Services you have purchased, you agree that we may suspend or
terminate the performance of Services or delivery of products and may require you to pay any
overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties)
by other means acceptable to us. In the event legal action is necessary to collect on balances due,
you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees
and other legal expenses.
e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for
any invoiced charges that you wish to dispute. You must pay all invoiced charges while the dispute is
pending or you waive the right to pursue the dispute. Where you are disputing any fees, you must
act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Howard
of all Trades determinations regarding your obligation to pay invoiced charges are final.
f. No Refunds. Except as described below, all Fees assessed by Howard of all Trades are non-
refundable, and Howard of all Trades does not provide Fee refunds or credits for partially used or
unused subscriptions. If you sign up for a Service subscription but do not access the Service or
Platform, you are still responsible for all Fees during the term of your subscription. If Howard of all
Trades chooses at its sole discretion to issue a refund or credit in one instance, we are under no
obligation to issue the same refund or credit in the future.
We reserve the right to issue refunds or credits at our sole discretion in the following situations:
1. Where we materially modify these Terms of Service or Privacy Notice during a billing period and
such modification adversely affects you, we may refund a portion of your subscription Fee equal to
the remaining unused term, as we determine appropriate or as may be required by applicable law.
To be eligible for a refund, you must provide written notice that (a) identifies your account and (b)
requests cancellation of the specific Service. The cancellation will be effective upon our receipt of
your notice and our determination that you are authorized to effect such cancellation. Please refer
to the “Communications and Contact Information” section below on how to provide notice to us.
2. Where a modification or interruption of Services adversely affects you and alternative remedies,
as specified in these Terms of Service, are not available, we may refund a portion of your paid
subscription Fee equal to the remaining unused term of your subscription, as we determine
appropriate or as may be required by applicable law.
8. Resale of Services (MAP Policy) Some levels of the Services allow you to resell access to the
version of the Platform that is customized for or by you. If you are authorized to resell access, you
must comply with our minimum advertised price policy as described in this section and the
provisions below.
a. Minimum Advertised Price. You cannot advertise access to the Platform for a price of less than
$97 per month (the “MAP”).
b. Determining Advertised Price. The price at which you are advertising access to the Platform is
determined after deduction of coupon discounts, rebates, value of product giveaways, gift card
amounts, and other promotional offers, that have the effect of lowering an advertised price.
c. Media. This MAP policy applies to advertising in any media. However, this policy does not apply to
advertising at a brick-and-mortar selling location that is not distributed or visible to customers
outside that location, or final sale prices first disclosed to customers in “shopping carts” in web-
based sales (so long as such prices cannot be retrieved by search engines or otherwise displayed to
other customers).
d. Changes. The MAP is established by Howard of all Trades and may be changed by Howard of all
Trades from time to time in its sole discretion. Any changes to the MAP will be communicated by a
change to this section of these Terms of Service. Howard of all Trades may also notify you of any
change to the MAP.
e. Final Sale Price. This MAP policy applies only to the prices at which you advertise access to the
Platform and does not restrict your ability to set the final price at which you resell access to the
Platform. Howard of all Trades will not sanction or otherwise penalize you solely for reselling access
to the Platform below the MAP.
f. Exceptions. This MAP policy does not apply to advertising within any jurisdiction in which
minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to
transmit an advertised price less than the MAP from any such jurisdiction to customers in any
jurisdiction in which the policy is permissible.
g. European Union and the United Kingdom. For sales into the European Union and the United
Kingdom, this MAP policy does not prohibit you from offering consumers discounts or
communicating to consumers that their final price could differ from the MAP.
h. Resale Restrictions. When reselling the service, you agree that you are fully liable to your resale
Clients for the Service and will handle all disputes and inquiries they have without any involvement
from Howard of all Trades, unless Howard of all Trades offers to assist.
i. You Are Not Howard of All Trades. Do not present yourself as Howard of all Trades when reselling
the Service, hold yourself out as a representative of Howard of all Trades, or indicate that you are
associated with Howard of all Trades in any way. Do not direct your resale Clients to contact Howard
of all Trades for any reason, including for Service support.
j. Suspension and Termination. We may suspend or terminate your ability to resell Services as
described in this section in our sole discretion and with or without advance notice to you if we
determine that you are violating this Agreement or for any other reason.
9. Excessive Data Usage Your excessive data use may cause the Service to be slow or unavailable.
We have no liability for the effect that your excessive data use may have on Service performance.
We may (1) suspend or terminate your use of the Service or (2) reduce the amount of data you are
able to use, with or without advance notice, if we determine in our sole discretion that your data
use is excessive, abusive or has a negative effect on the Services in any way.
We provide the Service on a tiered-pricing basis, and some tiers can process more data with less
impact on Service performance. Contact us if you would like more information about pricing for data
usage that may be more appropriate for your needs.
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10 . Training
Howard of all Trades may offer training to you related to how to use the Services. All training and
associated information conveyed as part of it (“Training”) is as-is, with no warranty, as explained
further in Section 21 (Disclaimer). You know your own situation and your Clients, and you alone are
responsible for how and whether you adopt any strategies learned through Training. Howard of all
Trades makes no guarantees that Training will produce any particular outcome, and Training may in
rare cases be counterproductive depending on your situation.
11 . Data Stored on Our Servers
Subject to our Privacy Notice, you agree that we have no responsibility or liability for the deletion or
failure to store any content maintained or transmitted on or through the Platform. You acknowledge
that we reserve the right to remove or terminate accounts that have not paid a subscription Fee,
that remain inactive for longer than one (1) year, or that have violated one or more terms of this
Agreement.
12 . Account Registration
To access portions of the Platform or to register for or use the Services, you will be asked to provide
registration details or other Information. It is a condition of your use of the Platform that all
Information you provide is complete, current, and accurate. All information you provide to register
with the Platform, complete a transaction through the Platform, or otherwise is governed by our
Privacy Notice, and you consent to all actions Howard of all Trades takes with respect to your
Information consistent with our Privacy Notice.
13 . Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login
Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not
authorized by you. You agree to notify Howard of all Trades immediately of any unauthorized access
to or use of your account or Login Credentials or any other breach of security. Howard of all Trades
reserves the right to disable your Login Credentials at any time in its sole discretion for any or no
reason, including if, in Howard of all Trades’ opinion, you have violated any provision of these Terms
of Service. User accounts are non-transferable, and all users are obligated to take preventative
measures to prohibit unauthorized users from accessing the Platform with his or her password.
14 . User Contributions
To ask questions about this Privacy Notice and our privacy practices, contact us at company email by
mail at: dejash@howardofalltrades.com
Howard of all Trades
ATTN: Howard of all Trades Team
Howard of all Trades 511 N Reilly Rd STE A-91 Fayetteville NC 28303
EFFECTIVE DATE: 1/24/24
You own or control all rights in and to the User Contributions and have the right to grant the license
granted above to us, the Howard of all Trades Team, and our service providers, and each of their
licensees, successors, and assigns. All of your User Contributions do and will comply with these
Terms of Service. You understand and acknowledge that you are responsible for any User
Contribution you submit or contribute, and you, not Howard of all Trades, have full responsibility for
such content, including its legality, reliability, accuracy, and appropriateness.
By posting information on the Platform, or by otherwise using any communications service, message
board, newsgroup, or other interactive services available on the Platform, you agree that you will
not post comments, messages, links, code, or other information that:
Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive
of another’s privacy, or includes graphic descriptions of sexual or violent content; Victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability; Infringes any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary rights of any party; or Breaches the security
of, compromises or otherwise allows access to secured, protected, or inaccessible areas of this
Platform or attempts to gain access to other network or server via your account on this Platform.
We are not responsible or liable to any third party for the content or accuracy of any User
Contribution posted by you or any other user of the Platform, nor do we endorse the User
Contribution of third parties. Further, we are not responsible for any failure or delay in removing
such postings. While we do not monitor User Contributions, at our sole discretion, Howard of all
Trades may choose to unpublish or otherwise make not available for public viewing any material we
deem unnecessary or inappropriate for use on our Platform.
15 . User Customization
Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and
color scheme into your individual access area within the Platform. You are solely responsible for
copyright, trademark, or other intellectual property concerns connected with your and your Clients’
customized look and feel of the Platform. You acknowledge that you may not be able to customize
the Platform according to your unique branding to the extent that your customization would appear
to be independently developed. Howard of all Trades may remove any of your modifications at any
time without advance notice and with no liability to you.
16 . Promotions
From time to time, this Platform may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products on
this Platform. Any such correspondence or promotions, including the delivery of and the payment
for goods and services by those third parties, and any other terms, conditions, warranties, or
representations associated therewith, are solely between you and the advertiser. We assume no
liability, obligation, or responsibility for any part of any such correspondence or promotion. You will
ensure that these activities comply with all relevant laws.
17 . Content You Create
You own and retain all ownership rights to your data and User Contributions uploaded to the Service
(“Your Data”). You grant us, the Howard of all Trades Team, and our service providers the right to
use Your Data as necessary to provide the Services to you and as permitted by these Terms of
Service and our Privacy Notice. You also grant Howard of all Trades the right to use Your Data to
improve the Service, develop new services, and for other Howard of all Trades business purposes,
subject to Howard of all Trades’ obligation to maintain the confidentiality of Your Data. If you are
using the Services on behalf of another party, then you represent and warrant that you have all
sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we
acquire no right, title, or interest from you or your licensors under these Terms of Service.
Submission of Ideas. The Platform may include a platform through which users may submit ideas in
connection with new products, Services, and/or related features (each, an “Idea”). By submitting an
Idea to Howard of all Trades, you agree to the following unless we have mutually agreed in writing
otherwise:
You are submitting your Idea to Howard of all Trades on a voluntary, non-confidential, and
gratuitous basis; You grant Howard of all Trades and its designees a perpetual, irrevocable, non-
exclusive, fully-paid up and royalty-free license to use any Idea you submit to Howard of all Trades
without restrictions or payment or other consideration of any kind, or permission or notification to
you or any third party. The license includes, without limitation, the irrevocable right to reproduce,
prepare derivative works, combine with other works, alter, translate, distribute copies, display,
perform, license the Idea, and all rights therein, in the name of Howard of all Trades or its designees
throughout the universe in perpetuity in any and all media now or hereafter known. You expressly
waive any and all so-called “moral rights” in all Ideas you submit to Howard of all Trades. Without
limiting the foregoing, you agree that Howard of all Trades may make Ideas available to the general
public, and may allow others to use Ideas in connection with their own products and services. You
acknowledge that Howard of all Trades may have something similar to the Idea under consideration
or in development before you submit it to Howard of all Trades or, without that idea having any
obligation to you;
You understand and agree that Howard of all Trades is not obligated to use, display, reproduce, or
distribute any such Ideas, and that Howard of all Trades is not obligated to pay you for any such
Ideas; and You are not entitled to claim any damages, monies, or royalties whatsoever from Howard
of all Trades for any Idea you submit to Howard of all Trades even if an Idea is used by Howard of all
Trades in any manner.
18 . Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from this Platform infringe your copyright, you may
request removal of those materials (or access thereto) from this Platform by contacting our
copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work,
and where possible include a copy or the location (e.g., URL) of an authorized version of that work;
Identification of the material that you believe to be infringing and its location. Please describe the
material and provide us with its URL or any other pertinent information that will allow us to locate
the material; Your name, address, telephone number, and (if available) e-mail address; A statement
that you have a good faith belief that the complained of use of the materials is not authorized by the
copyright owner, its agent, or the law; A statement that the information that you have supplied is
accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are
authorized to act on the copyright owner’s behalf;
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Platform is as follows:
Howard of all Trades LLC
511 N Reilly Rd STE A-91 Fayetteville NC 28303
Email: dejash@howardofalltrades.com
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in
appropriate circumstances, of users of this Platform who are repeat infringers.
19 . Trademarks
Howard of all Trades, the Howard of all Trades logo, and all other Howard of all Trades trademarks,
service marks, product names, and trade names of Howard of all Trades appearing on or through the
Platform (collectively, the Howard of all Trades Marks”) are owned by Howard of all Trades or its
affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify
the Howard of all Trades Marks in any way, including in advertising or publicity pertaining to
distribution of materials on this Platform, without Howard of all Trades’ prior written consent. The
use of the Howard of all Trades Marks on any other Platform or in any other networked computer
environment is not allowed. You may not use the Howard of all Trades Marks as a “hot” link on or to
any other Platform unless establishment of such a link is approved in advance by Howard of all
Trades in writing.
20 . Termination
You may cancel your use of the Services and/or terminate these Terms of Service with or without
cause at any time by providing notice to us in the manner specified through the Services. We may
terminate your access to the Services and these Terms of Service at our discretion without notice for
conduct that we believe violates these Terms of Service or is harmful to other users of the Platform,
Howard of all Trades, or third parties, or for any other reason. Provisions that, by their nature,
should survive termination of these Terms of Service shall survive termination. By way of example,
all of the following will survive termination: any obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and terms
regarding disputes between us, including without limitation the arbitration agreement.
21 . Disclaimer Your use of the Platform is at your own risk. The Platform is provided by Howard of
all Trades on an “as is” and “as available” basis. To the fullest extent permissible by applicable law,
each of Howard of all Trades, its suppliers, licensors, and partners disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights.
Without limiting our commitment to maintaining the confidentiality of your Information, Howard of
all Trades, its suppliers, licensors, and partners do not warrant or make any representations
regarding the accuracy, reliability, completeness, security, or timeliness of the Services, Content, or
any related materials or information. Howard of all Trades will not be liable or responsible for any
harm to your computer system, loss of data, or other harm that results from your access to or use of
the Services, Content, or any related materials or information. Howard of all Trades its suppliers,
licensors, and partners make no warranty that (i) the Services will meet your requirements, (ii) the
Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained
from the use of the Services will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the Services will meet your
expectations, and (v) any errors in the Services will be corrected.
No advice or information, whether oral or written, obtained by you from Howard of all Trades or
through or from the Services will create any warranty not expressly stated in these Terms of Service.
The Howard of all Trades Team expressly disclaims any liability whatsoever for any damage, suits,
claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to
your use of or inability to use the Platform, including without limitation any action taken by a Client
in reliance upon any content or the use of or inability to use the Platform, interruptions, delays,
errors or omissions, regardless of cause; any failure of performance, whether or not resulting from a
force majeure event, communications failure, theft, destruction, or unauthorized access to Howard
of all Trades records, programs, or services; any health or safety concerns arising from or related to
your use of the Platform; and any unauthorized access to or use of our servers and/or any personal
information stored therein. Howard of all Trades Team assumes no liability for any computer virus
or other similar software code that is downloaded to your computer from the Platform or in
connection with any Services or Materials offered through the Platform. No advice or information,
whether oral or written, obtained by you from Howard of all Trades or through the Platform shall
create any warranty not expressly stated in these Terms of Service. If you are dissatisfied with the
Platform, your sole remedy is to discontinue using the Platform.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of
the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Certainly, here is the text with "Company Name" replaced with “Howard of all Trades” while keeping
the same numbers in the same order:
22 . Limitation of Liability, Indemnification, and Mitigation Your exclusive remedy and our entire
liability, if any, for any claims arising out of these Terms of Service and your use of the Platform or
the Services shall be limited to the amount you paid us for Services purchased on the Platform
during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL HOWARD OF ALL TRADES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS
CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO
FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR STATEMENTS
REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT
THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Howard of all Trades and the Howard of all
Trades Team against all demands, claims, actions, proceedings, damages, liabilities, losses, fees,
costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any
investigation) directly or indirectly arising from or in any way connected with your use of the
Platform or Services (“Claims”), including, but not limited to: (a) our use of or reliance on
information or data supplied or to be supplied by you, your employees, agents, or Clients; (b) any
breach of or default under these Terms of Service by you, your employees, agents, or Clients; (c) the
wrongful use or possession of any Howard of all Trades property by you, your employees, agents, or
Clients; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents,
or Clients; (e) misrepresentations by you, your employees, agents, or Clients (f) violation(s) of
applicable law by you, your employees, agents, or Clients, (g) your actions and the actions of your
employees, agents, or Clients; (h) the acts or omissions of you, your employees, agents, or Clients in
connection with providing notice and obtaining consents regarding the origination or content of the
SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees
and/or (j) any disputes between (1) you and other users, (2) you and your Client(s), and/or (3) your
Clients.
If any of the Services or Platforms are, or in our opinion are likely to be, claimed to violate any third
party intellectual property right, at our option we may: (a) obtain the right for you to continue to
use the Services and Platform as contemplated by these Terms of Service; (b) modify or replace the
Services or Platform, in whole or in part, to seek to make the Services or Platform non-infringing; or
(c) require you to immediately cease any use of the Services and Platform, including but not limited
to the Howard of all Trades platform.
23 . Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3)
MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF
WHEN YOU KNEW OR SHOULD HAVEKNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
24 . Injunctive Relief
You agree that a breach of these Terms of Service will cause irreparable injury to Howard of all
Trades for which monetary damages would not be an adequate remedy and Howard of all Trades
shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at
law, without having to post a bond or other security.
25 . Waiver And Severability No waiver by Howard of all trades of a term or condition set forth in
these Terms of Service shall be deemed a continuing waiver of such term or condition or a waiver of
any other term or condition. Any failure of Howard of all Trades to assert a right or provision under
these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated
or limited to the minimum extent such that the remaining provisions of the Terms of Service will
continue in full force and effect.
26 . Entire Agreement
Except as noted below, these Terms of Service and our Privacy Notice constitute the sole and entire
agreement between you and Howard of all Trades with respect to the Platform and supersede all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Platform. These Terms of Service may not be altered,
supplemented, or amended by the use of any other document(s).
Howard of all Trades may enter into a separate agreement with you. The terms of any separate
agreement between you and Howard of all Trades will be considered a part of your entire
agreement with Howard of all Trades. To the extent there is a conflict between these Terms of
Service and the terms of your separate agreement with Howard of all Trades, your separate
agreement with Howard of all Trades will control.
27 . Term and Termination
These Terms of Service will remain in full force and effect while you use the Platform or subscribe to
any Services. Even after you are no longer a user of the Platform, those provisions of these Terms of
Service that by their nature are intended to survive will remain binding on you, including but not
limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice.
a. Grounds for Termination. You agree that Howard of all Trades, in its sole discretion, may suspend
or terminate your access to the Platform (or any part thereof) for any reason, with or without
notice, and without any liability to you or to any third party for any claims, damages, costs or losses
resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring
your access to this Platform and reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s)
motivating such termination, your right to use the Services available on this Platform will
immediately cease. We shall not be liable to you or any third party for any claims for damages
arising out of any termination or suspension or any other actions taken by us in connection
therewith.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your
access to the Platform or make adjustments, Howard of all Trades requires written notice at least 30
days before your next billing date.
d. No Termination by Third Party Users. Howard of all Trades has limited access to subscriptions not
directly purchased from us. Any user who has been given access to the Platform by any party other
than Howard of all Trades must contact the party who originally provided access to the Platform for
any inquiries related to termination.
28 . Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO
RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of North Carolina will govern these Terms of Service and any disputes under
them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively
settled by arbitration administered by the American Arbitration Association in accordance with
Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal
Arbitration Act. The arbitration proceedings shall be held in Fayetteville, North Carolina. Any
arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated
on an individual basis and not on a class basis. Claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any other customer or user.
29 . No Bug Bounties
Howard of all Trades does not have a bug bounty program and does not pay bug bounties. Howard
of all Trades prohibits any third-party access to the Platform or any Howard of all Trades systems or
networks, including any network penetration testing, security assessment or probing, except as
expressly permitted by this Agreement or as agreed to by Howard of all Trades in a separate
agreement.
30 . Miscellaneous
a. Your Privacy Obligations. When you provide access to the Platform to any other parties, i.e. your
Client(s), you must implement and enforce your own privacy notice, providing a level of protection
at least equal to that provided to you by Howard of all Trades You must obtain consent from your
Client(s), affirmatively acknowledging that your Client(s) agree(s) to be bound by your privacy
notice.
b. International Use. Although the Platform may be accessible worldwide, we make no
representation that materials on the Platform are appropriate or available for use in locations
outside the United States. Those who choose to access the Platform from other locations do so on
their own initiative and at their own risk. If you choose to access the Platform from outside the
United States, you are responsible for compliance with local laws in your jurisdiction, including but
not limited to, the taxation of products purchased over the Internet. Any offer for any product,
Service, and/or information made in connection with the Platform is void where prohibited.
c. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and/or Services available through the
Platform arising from any event beyond our reasonable control, whether or not foreseeable by
either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are enumerated above.
d. How to send Notices to Howard of all Trades. All notices to a party shall be in writing and shall be
made via email. Notices to Howard of all Trades must be sent to the attention of Customer Service
at Howard of all Trades email. You agree to allow us to submit notices to you either through the
email address you provided when registering or to any address we have on record. Notices are
effective on receipt.
31 . Communications and Contact Information
Howard of all Trades may contact you regarding these Terms of Use or the Privacy Notice using any
Information you provide, or by any other means if you do not provide contact Information. If you no
longer wish to receive communications from Howard of all Trades, you can click on the “unsubscribe
link” provided in such communications or contact us at Howard of all Trades email.
When you enroll in the Service, you must designate a primary email address that will be used for
receiving electronic communication related to these Terms of Use and the Service. Howard of all
Trades will never send you an email requesting confidential information such as account numbers,
usernames, or passwords, and you should never respond to any email requesting such information.
If you receive such an email purportedly from Howard of all Trades, do not respond to the email and
notify Howard of all Trades, by emailing us at dejash@howardofalltrades.com.
For all other feedback, comments, requests for technical support, and other communications
relating to the Platform, these Terms of Service, and the Privacy Notice, please contact us at
dejash@howardofalltrades.com or by mail at: 511 N. Reilly Rd. STE A-91 Fayetteville NC 28303
Howard of all Trades
ATTN: Howard of all Trades Team
Howard of all Trades
511 N. Reilly Rd. STE A-91 Fayetteville NC 28303
EFFECTIVE DATE: 1/24/24
You own or control all rights in and to the User Contributions and have the right to grant the license
granted above to us, the Howard of all Trades Team, and our service providers, and each of their
licensees, successors, and assigns. All of your User Contributions do and will comply with these
Terms of Service. You understand and acknowledge that you are responsible for any User
Contribution you submit or contribute, and you, not Howard of all Trades, have full responsibility for
such content, including its legality, reliability, accuracy, and appropriateness.
By posting information on the Platform, or by otherwise using any communications service, message
board, newsgroup, or other interactive services available on the Platform, you agree that you will
not post comments, messages, links, code, or other information that:
Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive
of another’s privacy, or includes graphic descriptions of sexual or violent content; Victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability; Infringes any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary rights of any party; or Breaches the security
of, compromises or otherwise allows access to secured, protected, or inaccessible areas of this
Platform or attempts to gain access to other network or server via your account on this Platform.
We are not responsible or liable to any third party for the content or accuracy of any User
Contribution posted by you or any other user of the Platform, nor do we endorse the User
Contribution of third parties. Further, we are not responsible for any failure or delay in removing
such postings. While we do not monitor User Contributions, at our sole discretion, Howard of all
Trades may choose to unpublish or otherwise make not available for public viewing any material we
deem unnecessary or inappropriate for use on our Platform.
15 . User Customization
Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and
color scheme into your individual access area within the Platform. You are solely responsible for
copyright, trademark, or other intellectual property concerns connected with your and your Clients’
customized look and feel of the Platform. You acknowledge that you may not be able to customize
the Platform according to your unique branding to the extent that your customization would appear
to be independently developed. Howard of all Trades may remove any of your modifications at any
time without advance notice and with no liability to you.
16 . Promotions
From time to time, this Platform may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers showing their products on
this Platform. Any such correspondence or promotions, including the delivery of and the payment
for goods and services by those third parties, and any other terms, conditions, warranties, or
representations associated therewith, are solely between you and the advertiser. We assume no
liability, obligation, or responsibility for any part of any such correspondence or promotion. You will
ensure that these activities comply with all relevant laws.
17 . Content You Create
You own and retain all ownership rights to your data and User Contributions uploaded to the Service
(“Your Data”). You grant us, the Howard of all Trades Team, and our service providers the right to
use Your Data as necessary to provide the Services to you and as permitted by these Terms of
Service and our Privacy Notice. You also grant Howard of all Trades the right to use Your Data to
improve the Service, develop new services, and for other Howard of all Trades business purposes,
subject to Howard of all Trades’ obligation to maintain the confidentiality of Your Data. If you are
using the Services on behalf of another party, then you represent and warrant that you have all
sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we
acquire no right, title, or interest from you or your licensors under these Terms of Service.
Submission of Ideas. The Platform may include a platform through which users may submit ideas in
connection with new products, Services, and/or related features (each, an “Idea”). By submitting an
Idea to Howard of all Trades, you agree to the following unless we have mutually agreed in writing
otherwise:
You are submitting your Idea to Howard of all Trades on a voluntary, non-confidential, and
gratuitous basis; You grant Howard of all Trades and its designees a perpetual, irrevocable, non-
exclusive, fully-paid up and royalty-free license to use any Idea you submit to Howard of all Trades
without restrictions or payment or other consideration of any kind, or permission or notification to
you or any third party. The license includes, without limitation, the irrevocable right to reproduce,
prepare derivative works, combine with other works, alter, translate, distribute copies, display,
perform, license the Idea, and all rights therein, in the name of Howard of all Trades or its designees
throughout the universe in perpetuity in any and all media now or hereafter known. You expressly
waive any and all so-called “moral rights” in all Ideas you submit to Howard of all Trades. Without
limiting the foregoing, you agree that Howard of all Trades may make Ideas available to the general
public, and may allow others to use Ideas in connection with their own products and services. You
acknowledge that Howard of all Trades may have something similar to the Idea under consideration
or in development before you submit it to Howard of all Trades or, without that idea having any
obligation to you;
You understand and agree that Howard of all Trades is not obligated to use, display, reproduce, or
distribute any such Ideas, and that Howard of all Trades is not obligated to pay you for any such
Ideas; and You are not entitled to claim any damages, monies, or royalties whatsoever from Howard
of all Trades for any Idea you submit to Howard of all Trades even if an Idea is used by Howard of all
Trades in any manner.
18 . Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from this Platform infringe your copyright, you may
request removal of those materials (or access thereto) from this Platform by contacting our
copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work,
and where possible include a copy or the location (e.g., URL) of an authorized version of that work;
Identification of the material that you believe to be infringing and its location. Please describe the
material and provide us with its URL or any other pertinent information that will allow us to locate
the material; Your name, address, telephone number, and (if available) e-mail address; A statement
that you have a good faith belief that the complained of use of the materials is not authorized by the
copyright owner, its agent, or the law; A statement that the information that you have supplied is
accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are
authorized to act on the copyright owner’s behalf;
A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Platform is as follows:
Howard of all Trades LLC
511 N Reilly Rd STE A-91 Fayetteville NC 28303
Email: dejash@howardofalltrades.com
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in
appropriate circumstances, of users of this Platform who are repeat infringers.
19 . Trademarks
Howard of all Trades, the Howard of all Trades logo, and all other Howard of all Trades trademarks,
service marks, product names, and trade names of Howard of all Trades appearing on or through the
Platform (collectively, the Howard of all Trades Marks”) are owned by Howard of all Trades or its
affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify
the Howard of all Trades Marks in any way, including in advertising or publicity pertaining to
distribution of materials on this Platform, without Howard of all Trades’ prior written consent. The
use of the Howard of all Trades Marks on any other Platform or in any other networked computer
environment is not allowed. You may not use the Howard of all Trades Marks as a “hot” link on or to
any other Platform unless establishment of such a link is approved in advance by Howard of all
Trades in writing.
20 . Termination
You may cancel your use of the Services and/or terminate these Terms of Service with or without
cause at any time by providing notice to us in the manner specified through the Services. We may
terminate your access to the Services and these Terms of Service at our discretion without notice for
conduct that we believe violates these Terms of Service or is harmful to other users of the Platform,
Howard of all Trades, or third parties, or for any other reason. Provisions that, by their nature,
should survive termination of these Terms of Service shall survive termination. By way of example,
all of the following will survive termination: any obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and terms
regarding disputes between us, including without limitation the arbitration agreement.
21 . Disclaimer Your use of the Platform is at your own risk. The Platform is provided by Howard of
all Trades on an “as is” and “as available” basis. To the fullest extent permissible by applicable law,
each of Howard of all Trades, its suppliers, licensors, and partners disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights.
Without limiting our commitment to maintaining the confidentiality of your Information, Howard of
all Trades, its suppliers, licensors, and partners do not warrant or make any representations
regarding the accuracy, reliability, completeness, security, or timeliness of the Services, Content, or
any related materials or information. Howard of all Trades will not be liable or responsible for any
harm to your computer system, loss of data, or other harm that results from your access to or use of
the Services, Content, or any related materials or information. Howard of all Trades its suppliers,
licensors, and partners make no warranty that (i) the Services will meet your requirements, (ii) the
Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained
from the use of the Services will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the Services will meet your
expectations, and (v) any errors in the Services will be corrected.
No advice or information, whether oral or written, obtained by you from Howard of all Trades or
through or from the Services will create any warranty not expressly stated in these Terms of Service.
The Howard of all Trades Team expressly disclaims any liability whatsoever for any damage, suits,
claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to
your use of or inability to use the Platform, including without limitation any action taken by a Client
in reliance upon any content or the use of or inability to use the Platform, interruptions, delays,
errors or omissions, regardless of cause; any failure of performance, whether or not resulting from a
force majeure event, communications failure, theft, destruction, or unauthorized access to Howard
of all Trades records, programs, or services; any health or safety concerns arising from or related to
your use of the Platform; and any unauthorized access to or use of our servers and/or any personal
information stored therein. Howard of all Trades Team assumes no liability for any computer virus
or other similar software code that is downloaded to your computer from the Platform or in
connection with any Services or Materials offered through the Platform. No advice or information,
whether oral or written, obtained by you from Howard of all Trades or through the Platform shall
create any warranty not expressly stated in these Terms of Service. If you are dissatisfied with the
Platform, your sole remedy is to discontinue using the Platform.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of
the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Certainly, here is the text with "Company Name" replaced with “Howard of all Trades” while keeping
the same numbers in the same order:
22 . Limitation of Liability, Indemnification, and Mitigation Your exclusive remedy and our entire
liability, if any, for any claims arising out of these Terms of Service and your use of the Platform or
the Services shall be limited to the amount you paid us for Services purchased on the Platform
during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL HOWARD OF ALL TRADES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS
CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO
FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES AND/OR STATEMENTS
REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT
LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT
THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Howard of all Trades and the Howard of all
Trades Team against all demands, claims, actions, proceedings, damages, liabilities, losses, fees,
costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any
investigation) directly or indirectly arising from or in any way connected with your use of the
Platform or Services (“Claims”), including, but not limited to: (a) our use of or reliance on
information or data supplied or to be supplied by you, your employees, agents, or Clients; (b) any
breach of or default under these Terms of Service by you, your employees, agents, or Clients; (c) the
wrongful use or possession of any Howard of all Trades property by you, your employees, agents, or
Clients; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents,
or Clients; (e) misrepresentations by you, your employees, agents, or Clients (f) violation(s) of
applicable law by you, your employees, agents, or Clients, (g) your actions and the actions of your
employees, agents, or Clients; (h) the acts or omissions of you, your employees, agents, or Clients in
connection with providing notice and obtaining consents regarding the origination or content of the
SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees
and/or (j) any disputes between (1) you and other users, (2) you and your Client(s), and/or (3) your
Clients.
If any of the Services or Platforms are, or in our opinion are likely to be, claimed to violate any third
party intellectual property right, at our option we may: (a) obtain the right for you to continue to
use the Services and Platform as contemplated by these Terms of Service; (b) modify or replace the
Services or Platform, in whole or in part, to seek to make the Services or Platform non-infringing; or
(c) require you to immediately cease any use of the Services and Platform, including but not limited
to the Howard of all Trades platform.
23 . Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3)
MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF
WHEN YOU KNEW OR SHOULD HAVEKNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.
24 . Injunctive Relief
You agree that a breach of these Terms of Service will cause irreparable injury to Howard of all
Trades for which monetary damages would not be an adequate remedy and Howard of all Trades
shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at
law, without having to post a bond or other security.
25 . Waiver And Severability No waiver by Howard of all trades of a term or condition set forth in
these Terms of Service shall be deemed a continuing waiver of such term or condition or a waiver of
any other term or condition. Any failure of Howard of all Trades to assert a right or provision under
these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated
or limited to the minimum extent such that the remaining provisions of the Terms of Service will
continue in full force and effect.
26 . Entire Agreement
Except as noted below, these Terms of Service and our Privacy Notice constitute the sole and entire
agreement between you and Howard of all Trades with respect to the Platform and supersede all
prior and contemporaneous understandings, agreements, representations and warranties, both
written and oral, with respect to the Platform. These Terms of Service may not be altered,
supplemented, or amended by the use of any other document(s).
Howard of all Trades may enter into a separate agreement with you. The terms of any separate
agreement between you and Howard of all Trades will be considered a part of your entire
agreement with Howard of all Trades. To the extent there is a conflict between these Terms of
Service and the terms of your separate agreement with Howard of all Trades, your separate
agreement with Howard of all Trades will control.
27 . Term and Termination
These Terms of Service will remain in full force and effect while you use the Platform or subscribe to
any Services. Even after you are no longer a user of the Platform, those provisions of these Terms of
Service that by their nature are intended to survive will remain binding on you, including but not
limited to Sections 3, 7, 11, 14, 17, and 21 to 31 and the Privacy Notice.
a. Grounds for Termination. You agree that Howard of all Trades, in its sole discretion, may suspend
or terminate your access to the Platform (or any part thereof) for any reason, with or without
notice, and without any liability to you or to any third party for any claims, damages, costs or losses
resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring
your access to this Platform and reporting you to the proper authorities, if necessary.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s)
motivating such termination, your right to use the Services available on this Platform will
immediately cease. We shall not be liable to you or any third party for any claims for damages
arising out of any termination or suspension or any other actions taken by us in connection
therewith.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your
access to the Platform or make adjustments, Howard of all Trades requires written notice at least 30
days before your next billing date.
d. No Termination by Third Party Users. Howard of all Trades has limited access to subscriptions not
directly purchased from us. Any user who has been given access to the Platform by any party other
than Howard of all Trades must contact the party who originally provided access to the Platform for
any inquiries related to termination.
28 . Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO
RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of North Carolina will govern these Terms of Service and any disputes under
them, without giving effect to any principles of conflicts of laws.
Any controversy or claim arising out of or relating to these Terms of Service shall be exclusively
settled by arbitration administered by the American Arbitration Association in accordance with
Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal
Arbitration Act. The arbitration proceedings shall be held in Fayetteville, North Carolina. Any
arbitration award may be entered in a court of competent jurisdiction.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated
on an individual basis and not on a class basis. Claims of more than one customer or user cannot be
arbitrated or litigated jointly or consolidated with those of any other customer or user.
29 . No Bug Bounties
Howard of all Trades does not have a bug bounty program and does not pay bug bounties. Howard
of all Trades prohibits any third-party access to the Platform or any Howard of all Trades systems or
networks, including any network penetration testing, security assessment or probing, except as
expressly permitted by this Agreement or as agreed to by Howard of all Trades in a separate
agreement.
30 . Miscellaneous
a. Your Privacy Obligations. When you provide access to the Platform to any other parties, i.e. your
Client(s), you must implement and enforce your own privacy notice, providing a level of protection
at least equal to that provided to you by Howard of all Trades You must obtain consent from your
Client(s), affirmatively acknowledging that your Client(s) agree(s) to be bound by your privacy
notice.
b. International Use. Although the Platform may be accessible worldwide, we make no
representation that materials on the Platform are appropriate or available for use in locations
outside the United States. Those who choose to access the Platform from other locations do so on
their own initiative and at their own risk. If you choose to access the Platform from outside the
United States, you are responsible for compliance with local laws in your jurisdiction, including but
not limited to, the taxation of products purchased over the Internet. Any offer for any product,
Service, and/or information made in connection with the Platform is void where prohibited.
c. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from
liability for non-delivery or delay in delivery of products and/or Services available through the
Platform arising from any event beyond our reasonable control, whether or not foreseeable by
either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are enumerated above.
d. How to send Notices to Howard of all Trades. All notices to a party shall be in writing and shall be
made via email. Notices to Howard of all Trades must be sent to the attention of Customer Service
at Howard of all Trades email. You agree to allow us to submit notices to you either through the
email address you provided when registering or to any address we have on record. Notices are
effective on receipt.
31 . Communications and Contact Information
Howard of all Trades may contact you regarding these Terms of Use or the Privacy Notice using any
Information you provide, or by any other means if you do not provide contact Information. If you no
longer wish to receive communications from Howard of all Trades, you can click on the “unsubscribe
link” provided in such communications or contact us at Howard of all Trades email.
When you enroll in the Service, you must designate a primary email address that will be used for
receiving electronic communication related to these Terms of Use and the Service. Howard of all
Trades will never send you an email requesting confidential information such as account numbers,
usernames, or passwords, and you should never respond to any email requesting such information.
If you receive such an email purportedly from Howard of all Trades, do not respond to the email and
notify Howard of all Trades, by emailing us at dejash@howardofalltrades.com.
For all other feedback, comments, requests for technical support, and other communications
relating to the Platform, these Terms of Service, and the Privacy Notice, please contact us at
dejash@howardofalltrades.com or by mail at: 511 N. Reilly Rd. STE A-91 Fayetteville NC 28303
Howard of all Trades
ATTN: Howard of all Trades Team
Howard of all Trades
511 N. Reilly Rd. STE A-91 Fayetteville NC 28303
EFFECTIVE DATE: 1/24/24
