To help manage your account and Paid Advertiser Services, Howling Sites provides a business user login and interface to access details about your program (“Program Summary”), your business profile as displayed on www.Howling Sites.com, details of calls and leads provided under your program, billing information, and certain other information about your account (collectively, the “Business User Dashboard”).
Please review these Advertiser Terms, and the Agreement, carefully, prior to submitting free Listings and/or utilizing the Paid Advertiser Services. If you do not agree to the terms of these Advertiser Terms, and the Agreement, in their respective entirety, you are not authorized to submit free Listings and/or utilize the Paid Advertiser Services or Business User Dashboard.
YOU UNDERSTAND AND AGREE THAT Howling Sites IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO SUBMIT FREE LISTINGS AND/OR UTILIZE THE PAID ADVERTISER SERVICES OR BUSINESS USER DASHBOARD.
- Leads/Distribution Sites. As an Advertiser or Third Party Service Provider, as applicable, you may receive self-reported data leads and/or telephone calls from: (a) Site Users; (b) users on Distribution Sites; or (c) users from Howling Sites third party marketing partners, that have expressed an interest in your Listing specifically or in your business type and/or your Third Party Offerings generally (each individual item referred to as a “Lead”). You may only use the Lead and associated data to contact the subject Lead regarding that Lead’s specific request with respect to your Listing, business type and/or Third Party Offerings, as applicable (“Lead Request”). You may not market, solicit, transfer, share, sell, rent or otherwise utilize any Lead other than to respond directly to the subject Lead regarding the applicable Lead Request. You understand and agree that Howling Sites may provide your Listing to Howling Sites-operated and/or third party online and offline venues, including other online or offline directories or 411 type services (collectively, “Distribution Sites”).
- TCPA Compliance. Where you intend to contact any Leads collected by and through the Howling Sites Offerings, via telephone, you: (a) acknowledge and agree that Howling Sites has not obtained the “prior express written consent” (as defined below) for you to contact the Leads via artificial voice calls, pre-recorded calls or calls placed with the assistance of autodialer technology (unless Howling Sites has specifically noted otherwise as part of the Lead Request); and (b) represent and warrant that you will comply with all record keeping requirements, call hour restrictions, disconnect requirements, prohibitions against contacting facilities and telephonic devices of certain classifications (e.g. mobile and telefax numbers), caller identification, live operator requirements and any and all other provisions of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), and other applicable state and federal laws. For purposes of these Advertiser Terms, “prior express written consent” shall have the meaning as set forth in the TCPA.
- Representations and Warranties. You represent and warrant that: (a) your use of Leads and associated data collected by and through the Howling Sites Offerings, Third Party Offerings, and/or other interactions with any and all Leads will not violate any law, statute or other governmental regulation including, but not limited to, the Gramm-Leach Bliley Act, the CAN-SPAM Act of 2003, as amended, the Fair Credit Reporting Act, the Federal Trade Commission Act, the TCPA, the Fair Debt Collection Practices Act, the Federal Communications Act, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq., and those governing the NDNCR, any and all state and federal laws regarding deceptive trade practices and all rules and regulations promulgated under any of the foregoing; (b) you will not advertise to perform, or in fact perform, any service for which you do not maintain the appropriate licensing, insurance or any other requirements mandated by federal, state, or local regulatory authorities.
- Payment for Paid Advertiser Services. Please carefully review the payment and billing terms associated with the Paid Advertiser Services set forth in the Terms and Conditions in their entirety. Below are certain payment and billing provisions from the Terms and Conditions that are repeated here for your convenience. The amount that you are charged is dependent upon the applicable Paid Advertiser Services requested and is detailed in your Program Summary in your Business User Dashboard.You are responsible for paying any sales, use or other taxes related to your use of the Paid Advertiser Services. Howling Sites MUST BE NOTIFIED IN WRITING TO CANCEL YOUR PAID ADVERTISER SERVICES. Howling Sites’s PAID ADVERTISER SERVICES ARE AUTOMATICALLY CHARGED ON A RECURRING BASIS. YOU WILL BE NOTIFIED WHEN YOUR CREDIT CARD ON FILE IS SET TO BE RECHARGED AND IT IS YOUR OBLIGATION TO NOTIFY Howling Sites IN WRITING THAT YOU WISH TO PAUSE OR CANCEL YOUR PAID ADVERTISER SERVICES. IF Howling Sites IS NOT NOTIFIED THEN YOUR ACCOUNT WILL AUTOMATICALLY BE CHARGED. YOU UNDERSTAND AND AGREE THAT Howling Sites IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR REFUNDING CHARGES PRIOR TO THE DATE OF WRITTEN NOTICE, AND THAT YOU WILL NOT ATTEMPT TO DISPUTE SUCH CHARGES. Pay for Performance Plan: Upon registering as an Advertiser, selecting the Pay for Performance plan and providing the requisite Advertiser Registration Data, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”) will be charged the amount that you designated as your initial reserve (“Reserve Deposit”). Howling Sites will deduct from your Reserve Deposit the applicable amount for each telephone call, Lead submission or other applicable action designated by you in connection with your request for Paid Advertiser Services. Once your Reserve Deposit is largely depleted, based on criteria established by Howling Sites, your Active Credit Card will automatically be charged the amount of your initial Reserve Deposit, or then current Reserve Deposit amount, for as long as your Advertiser account remains active. You acknowledge and agree that Howling Sites will not obtain any additional authorization from you for this recurring payment. Every time that you use the Paid Advertiser Services, you re-affirm that Howling Sites is authorized to charge your Active Credit Card and to have the fees applied to same. At times, Howling Sites may offer incentives in conjunction with marketing or other offers (“Incentives”). These Incentives serve to increase the then current Reserve Deposit. Howling Sites Incentives are utilized only after all Advertiser provided Reserve Deposit amounts have been depleted. Howling Sites Incentives cannot be converted to cash, used to pay for other Howling Sites services, or requested as a refund under any circumstances. ALL CHARGES ARE FINAL AND NON-REFUNDABLE EXCEPT YOU MAY REQUEST A REFUND OF ANY UNSPENT RESERVE DEPOSIT, EXCLUSIVE OF ANY Howling Sites INCENTIVES, IF Howling Sites IS UNABLE TO DEPLETE YOUR RESERVE DEPOSIT AFTER A PERIOD OF SIX (6) MONTHS FOLLOWING RECEIPT OF THE RESERVE DEPOSIT. Subscription Fee: Certain legacy accounts are charged under a Subscription Fee plan. For those accounts, your Active Credit Card will be charged an advance amount for either three (3) months, one (1) year or such other period (“Subscription Period”) applicable to the Paid Advertiser Services plan selected (“Advance”). Upon the conclusion of the Subscription Period covered by the Advance, your Active Credit Card will be charged the amount for the applicable Paid Advertiser Services requested on a recurring basis, for each subsequent Subscription Period, for as long as your Advertiser account remains active, and such fees will be charged in advance. You acknowledge and agree that Howling Sites will not obtain any additional authorization from you for this recurring payment. Every time that you use the Paid Advertiser Services, you re-affirm that Howling Sites is authorized to charge your Active Credit Card and to have the fees applied to same. ALL CHARGES ARE FINAL AND NON-REFUNDABLE. Howling Sites no longer actively sells Paid Advertiser Services under a Subscription Fee plan. Use of the Term “Exclusive Lead”: Howling Sites may use the term “Exclusive Lead” to describe a Lead Request that is distributed to a single advertiser as part of the Paid Advertiser Services. If you have signed up for Exclusive Leads as part of your Paid Advertiser Services, it will be noted as such in your Program Summary in your Business User Dashboard. Use of the Term “Shared Lead”: Howling Sites may use the term “Shared Lead” to describe a Lead Request that is distributed to multiple advertisers as part of the Paid Advertiser Services. Shared Leads may be distributed to up to four (4) advertisers, including free Listings, in the form of an email, SMS text, and/or call, at Howling Sites’s sole discretion. If you have signed up for Shared Leads as part of your Paid Advertiser Services, it will be noted as such in your Program Summary in your Business User Dashboard. Placement of Ads on the Site and Distribution Sites: The placement of ads on the Site or on Distribution Sites will be determined in the sole discretion of Howling Sites. Such determination will include which advertiser(s), if any, will be displayed in the banner ad at the top of the Site’s listings pages along with the associated ordering of advertisers on the page. The fees will appear on your Active Credit Card statement through the identifier “Howling Brands.” You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your use of the Paid Advertiser Services. All fees are payable in United States currency. Failure to use the Paid Advertiser Services does not constitute a basis for refusing to pay any of the associated fees. You agree to be bound by the pricing and billing practices of Howling Sites in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Howling Sites reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion; provided, however, that such changes shall not affect the pricing and/or amount owed in connection with any Paid Advertiser Services packages that you have pre-paid. Subject to the foregoing, continued use of the Paid Advertiser Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, or for any other reason, you may cancel your Advertiser account at any time as set forth below. Where you fail to make any scheduled payment for accrued fees, such overdue amounts will be subject to interest charges in the amount of the lesser of one percent (1%) per month, or the maximum rate permitted by law. Your Advertiser account may be deactivated, and access to the Paid Advertiser Services denied, for non-payment. Howling Sites’ authorization to provide and bill for access to its Paid Advertiser Services is usually obtained by way of voice affirmation via a telephone call with a Howling Sites representative and, where applicable, your electronic signature or physical signature. If applicable, once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Howling Sites’ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Cancellation of Advertiser Account. (a) The term of a Howling Sites agreement is for a period of 12 months. You may cancel your Advertiser account at any time after the 12-month commitment by: e-mailing us at email@example.com; provided, however, that: (A) you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees); (B) you shall not receive any pro-rata refund for partial months; (C) we will not refund any amounts previously paid up to the date of cancellation or termination; and (D) we will not refund any Howling Sites Incentives. Please have your Advertiser Registration Data available for efficient processing of your cancellation order. You understand and agree that cancellation of your Advertiser account is your sole right and remedy with respect to any dispute with you and Howling Sites concerning the Paid Advertiser Services. (b) Howling Sites may terminate your Advertiser account at any time upon notice via e-mail; provided, however, that other than where you breach the Agreement, your Listings will remain on the Site for the duration of the applicable Paid Advertiser Services package. Howling Sites reserves the right to remove your Listings from the Site prior to the completion of your Paid Advertiser Services package, where no breach has occurred, by providing a prorated refund of amounts paid. Where you breach the Agreement, Howling Sites may terminate your Advertiser account immediately, with or without notice, and immediately remove your Listings from the Site with no refund or proration. Howling Brands dba Howling Sites retains all ownership rights of all content, domains, copy, images, local citation directories, Google My Business listings, blogs and any other customization or original designs and content created under this Howling Site Subscription. If you would like to “Buy-Out” the website and all of its content, pages ,etc you can do so after the 1 year agreement at a rate starting at $2999.00. The Howling Site business subscription includes up to 5 personalized pages. Each additional page will be billed separately and the amount will be based on complexity of the design and our functionality. The minimum rate to develop an additional page is $150 per page. This does not mitigate the fact that all content remains the property of Howling Brands unless the “Buy-Out” option is applied.
The Howling Sites subscription includes 1 minor update per month, hosting, SSL, monthly backups and routine maintenance.
- Call Recording and the Assignment of Call Tracking Numbers (“CTN”). You understand and agree that Howling Sites may assign CTNs to your Listings either, on the Site or in connection with the Listings provided to Distribution Sites. The CTNs will enable Howling Sites to better track calls received by you and through the Listings. You also acknowledge, agree and consent to the fact that, calls received from those consumers by and through the CTNs may be recorded by Howling Sites. You also represent that you have informed, and obtained any necessary consent, to record telephone conversations, from all of your employees or agents that answer incoming calls from Howling Sites. When Howling Sites records and subsequently reviews calls, for quality assurance purposes, from individuals seeking an attorney, such calls may not be considered privileged.
- Valid Calls, Valid Leads and Website Clicks/Unaccepted Calls and Leads. Where you have selected the Pay for Performance plan, you will only have to pay for valid consumer actions in the form of Valid Calls, Valid Leads and Valid Website Clicks based on the specifics of your Pay for Performance Plan. For purposes of these Advertiser Terms: (a) a “Valid Lead” means an individual person that: (i) has submitted a Lead Request; (ii) does not have a disconnected telephone number; and (iii) is not a Duplicate Lead. For purposes of these Advertiser Terms, a “Duplicate Lead” means a Lead that was already delivered to you by Howling Sites and previously paid for by you, within the past thirty (30) days. (b) a “Valid Call” means an individual person that: (i) has made a phone call (“Call”) to the telephone number provided in your Listing through the Site or Distribution Sites; (ii) is not a Duplicate Call; and (iii) has been approved by Howling Sites™ or meets the time threshold or other criteria specifically agreed, as outlined in your confirmation email from Howling Sites. For purposes of these Advertiser Terms, a “Duplicate Call” means a Call that was already delivered to you by Howling Sites and previously paid for by you, within the past thirty (30) days. For Calls that are approved by Howling Sites, the definition of a “Valid Call” includes any Call that: (A) is not a solicitation or wrong number; and/or (B) is from a local phone number that is answered by some means other than a live person, regardless of the duration of the call. For all Pay for Performance Plans, including those that measure Valid Calls using a time threshold, any call that goes unanswered, receives a busy signal, reaches a voice mail, or the caller is told that they will be called back will be considered a Valid Call even if the duration of the call did not otherwise meet the duration threshold; (c) Where you suspect that a Lead or Call submitted by Howling Sites™ is not a Valid Lead or Valid Call, you must notify Howling Sites thereof within four (4) days of receiving such a Lead or Call from Howling Sites™. If Howling Sites receives such notice from you within such time period, the parties shall investigate the subject Lead or Call and seek to resolve the matter in good faith within ten (10) business days of Howling Sites’ receipt of notice thereof. If the parties acting together in good faith determine that such Lead or Call was a Valid Lead or Valid Call then no further action shall be taken. If the investigation reveals that the Lead or Call was not a Valid Lead or Valid Call, Howling Sites shall credit your account for the amount of the subject Lead or Call where you have already paid for it or, in the alternative, your payment obligations shall be excused with respect to such Lead or Call where you have not yet made payment. Where the parties cannot agree, Howling Sites good faith determination shall control in all respects; and (d) a “Valid Website Click” means an individual person that has clicked on the link to your company website from your Listing through the Site or Distribution Sites. It is important to note that simply because a consumer action constitutes a Valid Lead, Valid Call or Valid Website Click, such consumer action may not result in a job, appointment, conversation, retention of your services, purchase or any other subsequent action. Any and all Leads and Calls that are not both accepted and paid for by you (“Unaccepted Leads and Calls”) shall be deemed the Confidential Information (as defined below) of Howling Sites, subject to any and all restrictions set forth herein. Without limiting the generality of the confidentiality obligations set forth herein, you agree that you will: (i) not transfer, export, display, forward or otherwise share information contained in the Unaccepted Leads and Calls to/with any third party; (ii) not use the information contained in the Unaccepted Leads and Calls on its own behalf in any manner not expressly authorized by Howling Sites; (iii) will not use the information contained in the Unaccepted Leads and Calls to create any interactive on-line, CD-ROM or other derivative product; (iv) will not publicly display the information contained in the Unaccepted Leads and Calls on the Internet; and (v) will notify Howling Sites as soon as you learn of any actual or suspected unauthorized use of or access to the information contained in the Unaccepted Leads and Calls and provide reasonable assistance to Howling Sites in the investigation and prosecution of any such unauthorized use or disclosure.
- Confidential Information. As used herein, “Confidential Information” shall mean: (a) either party’s proprietary information; (b) information marked or designated by either party as confidential; (c) information otherwise disclosed by either party in a manner consistent with its confidential nature; and (d) both party’s information that is conveyed to the other party, whether or not in written form and whether or not designated as confidential, that is known, or should reasonably be known, by the other party to be treated as confidential. The parties acknowledge that, as a result of the provision of services pursuant to the Agreement, one party may disclose Confidential Information (“Disclosing Party”) to the other party (“Receiving Party”). Therefore, the Receiving Party agrees that it will make no disclosure of the Disclosing Party’s Confidential Information without obtaining the Disclosing Party’s prior written consent. Nothing contained in the Agreement shall be construed as granting or conferring rights by license or otherwise in any Confidential Information disclosed under the Agreement. Notwithstanding anything contained herein to the contrary, confidentiality provisions shall not apply where the Receiving Party can demonstrate with clear evidence that the information: (i) was previously known to the Receiving Party at the time of disclosure, free of any obligation to keep it confidential; (ii) became publicly known through no wrongful act of the Receiving Party; (iii) was rightfully and lawfully received by the Receiving Party from a third party who was not bound under any confidentiality provisions; or (iv) was disclosed pursuant to judicial order, requirement of a governmental agency or by operation of law, provided however that the Disclosing Party takes all reasonable and legal steps to minimize the scope and impact of such disclosures. This Section 7 shall survive any termination of the Agreement until the subject Confidential Information is no longer protectable under New York State law. Each party agrees that monetary damages for its breach, or threatened breach, of this Section 7 will not be adequate and that the non-breaching party shall be entitled to: (A) injunctive relief (including temporary and preliminary relief) without the requirement to post a bond; and/or (B) any and all other remedies available to the non-breaching party at law or in equity.
- Indemnification. Without limiting the indemnification obligations set forth in the Terms and Conditions, you agree to indemnify, defend and hold harmless Howling Sites, its parents and subsidiaries, and each of their respective members, owners, officers, directors, employees and authorized agents, from and against any and all liability, claim, loss, damage, demand and/or expense (including reasonable attorneys’ fees) asserted by any third party due to, arising from, or in connection with any claim related to your: (a) Third Party Offerings; (b) breach of these Advertiser Terms; and (c) use of the Leads.
- Audit. This Section 9 is only applicable to Pay for Performance accounts and the unauthorized use of Unaccepted Leads and Calls. You agree that Howling Sites, or any designee of Howling Sites that is legally bound to obligations of confidentiality and non-disclosure, shall have the right during the term of this the Agreement, and for three (3) months thereafter, to reasonably examine, inspect, audit and review your books, records and any source documents used in the preparation thereof, as same relate to unauthorized use of the Unaccepted Leads and Calls generated hereunder. Such audit shall be conducted during normal business hours and upon written notice to you at least seven (7) business days prior to its commencement. Such audit shall be at Howling Sites’s sole cost and expense and shall be strictly limited to those books and records that specifically relate to use of the Unaccepted Leads and Calls. Where you have used Unaccepted Leads and Calls, you shall immediately remit payment for such Unaccepted Leads and Calls as if they were Valid Leads and Valid Calls, plus applicable interest, in accordance with the payment terms set forth herein, and the audit shall be at your sole cost and expense.
- Force Majeure. Other than for payment obligations, neither you nor Howling Sites will be liable, or be considered to be in breach of the Agreement, on account of such party’s delay or failure to perform as required under the terms of the Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
- Relationship of the Parties. The relationship of you and Howling Sites established by the Agreement is solely that of independent contractors, and neither party is an employee, agent, partner or joint venturer of the other. Neither party shall make any representations, warranties or covenants, or assume or create any obligations, on the other party’s behalf. Each party shall be solely responsible for the actions of its respective employees, agents, affiliates and representatives.
- Public Statements. You agree that Howling Sites may disclose your business name and/or logo in announcements, press releases, client lists, or other onsite or offsite marketing materials without the need to obtain prior written consent.
- Assignment. You may not assign, sublicense or otherwise transfer your rights and/or obligations under the Agreement, or any portion thereof, to any person or entity by operation of law, by merger or otherwise, without the prior written authorization of Howling Sites. Howling Sites may assign, sublicense or otherwise transfer its rights and/or obligations under the Agreement, or any portion thereof, without your authorization in Howling Sites’s sole discretion. The provisions of the Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
- Disclaimer of Warranties. THE PAID ADVERTISER SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Howling Sites MAKES NO WARRANTY THAT: (A) THE PAID ADVERTISER SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE PAID ADVERTISER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PAID ADVERTISER SERVICES WILL BE ACCURATE OR RELIABLE. THE PAID ADVERTISER SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Howling Sites, ANY SITE USER OR OTHERWISE THROUGH OR FROM THE PAID ADVERTISER SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Howling Sites SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Howling Sites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE PAID ADVERTISER SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE Howling Sites OFFERINGS; AND (C) ANY OTHER MATTER RELATING TO THE PAID ADVERTISER SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Howling Sites FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Howling Sites TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Howling Sites. THE PAID ADVERTISER SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
- Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in Tampa, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the Paid Advertiser Services, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Tampa, Florida or the county of your residence, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as set forth above, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. If we prevail in arbitration, we will seek an award of attorneys’ fees and expenses from you. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Howling Brands d/b/a Howling Sites and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Howling Sites incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site