Last Updated January 12, 2016
Welcome to Powhow. Powhow.com (the “Site”) is provided by Powhow, Inc. (“We”, “Us” or “Powhow”). Before you get started, it’s important for you to understand your responsibilities as either an Instructor or a Student – and for you to understand that you are entering into an agreement with Powhow which is designed to protect Powhow and outline the relationship among Instructors, Students and Powhow.
THIS IS A BINDING CONTRACT, PLEASE READ IT CAREFULLY. Upon completion of the registration process you affirmatively accepted agree to be bound by these Terms and Conditions (“Terms”), but you also are deemed to have accepted them (and any changes that have been published on this page) by accessing or using the Site (the "Service"). It is your responsibility to check this page from time to time to review any changes to these Terms. If you are not prepared to agree to all these Terms (including changes published on this page, then you must cease accessing the Service and must delete any materials that you have downloaded or copied from the Site or through the Service.
Outline of Terms. These Terms are divided into separate sections to make them easier to read, but every section applies to every user, regardless of what the heading says.
I. Description of Service
II. Powhow Accounts
III. Obligations of Instructors and Students
IV. Rights of Powhow/Limitation of Liability
The Service includes (1) Powhow classes, (2) Powhow instructor profiles, pre-recorded, and live streaming videos, and class schedules, and (3) Powhow reporting marketing and administrative tools (for Instructors). Powhow will collect payments charged by Instructors and will disburse funds in accordance with these terms. See Payments and Disbursements, below. Students have only a limited right to a refund, if any. See Refunds, below.
Both Students and Instructors must create a Powhow Account in order to access the Service. You may only create a Powhow Account if:
It’s up to you to protect the security of your account and your password. Powhow will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of Powhow or others due to such unauthorized use.
All Users acknowledge that through their use of the site, they may have the opportunities to engage in commercial transactions with other users and vendors. Each User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
By listing a class on Powhow,
Powhow will collect all fees from your students, and will pay those amounts, less any fees charged by Powhow, to you in accordance with Powhow’s Payment Policies found at www.powhow.com/payments.html. Among other things, those policies require that, before you are entitled to receive disbursements related to amounts charged to Students, you will need to provide us with appropriate documentation establishing your right to receive such disbursements free of withholding tax (such as an IRS form W-9), and otherwise agree to indemnify us if we are obligated to make any payments to a third party with respect to amounts that have been disbursed to you. In addition, there may be additional requirements imposed upon you by our payment providers which will be explained at the time you set up your account, or in a subsequent email
You also acknowledge and agree that you have to indemnify us in the event that we are sued or otherwise suffer damages as a result of your activities.
Without limiting the generality of the previous sentence, you specifically agree that you may not:
Powhow may engage in promotional activities, affiliate partnerships, and advertising on your behalf to help attract new audiences and repeat customers to your classes. We may also adjust class prices in order to help you find the optimal price for sales. By accepting this agreement, you give Powhow permission to the following:
You should be aware that we do not endorse or assume any liability for any Content uploaded, streamed or displayed by or on behalf of Instructors or other Students. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.
Powhow has no responsibility to you for any injuries or damages that you suffer in connection with the use of the Service, and you specifically release us from any claims you may have and agree to indemnify us if we suffer a loss in connection with your use of the Service. Our only responsibility is a limited obligation to pay refunds in certain specific situations. You must take precautions to protect yourself.
When a student signs-up for a class, Powhow charges their credit card or PayPal account at the time of sign-up to hold their spot for the class. Students may request a refund within the refund request time period in accordance with Powhow’s Refund Policy found at www.powhow.com/refunds.html.
You should also be aware of the following:
By submitting Content (whether instructional content submitted by an Instructor, or commentary, communications, or suggestions submitted by either Instructors or Students) to Powhow, you grant Powhow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Powhow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For clarity, you retain all of your ownership rights in your Content, subject only to the licenses set forth in these terms.
Each Instructor also hereby grants each Student a non-exclusive worldwide royalty free license to access his/her Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted in video Content terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Powhow may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
In addition, each Student also hereby grants Powhow and the relevant Instructor a non-exclusive worldwide royalty free license to record, use, reproduce, distribute, display and perform any audio, video or textual contributions you make through the Service (including any recording of a Class and the Students therein), and agrees that no additional consideration shall be required for such use. The above licenses granted by you are perpetual and irrevocable.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. Powhow and its licensors reserve all rights not expressly granted in and to the Service and the Content.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN ADDITION, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES 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 LOSS OF USE, DATA OR PROFITS, 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 THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, 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.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.