Terms of Service

Effective: January 1, 2025

Welcome to The How Skills, a doing business as name of The How, LLC (collectively referred to herein as “Company,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our subscription-based services (the “Services”), which include streaming or downloading videos, written content, and all other content provided through our website located at https://www.thehowskills.com/ (the “Website”).

By purchasing a subscription or otherwise accessing or using the Services, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use our Services.

1. ELIGIBILITY

1.1 Age Requirement
You must be at least 18 years of age (or the age of majority in your jurisdiction) to enter into these Terms. By using our Services, you represent and warrant that you meet this requirement.

1.2 Compliance with Laws
You are solely responsible for complying with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Services.

2. SUBSCRIPTION AND ACCESS

2.1 Subscription
To access certain content or features on our Website, you may need to purchase a subscription. Each subscription grants you a limited, non-exclusive, non-transferable right to access and use the Services for your personal, non-commercial use only.

2.2 Subscription Fees
You agree to pay all subscription fees (the “Subscription Fees”) in accordance with the payment terms displayed at checkout and described on the Website. All fees are payable in U.S. dollars (unless otherwise indicated) and are non-refundable, except as required by applicable law or stated in any refund policy we may implement at our sole discretion.

2.3 Automatic Renewal
Unless otherwise specified, subscriptions will automatically renew at the end of each billing cycle. You authorize us (or our third-party payment processor) to charge the applicable Subscription Fees for the renewal period to the payment method you have on file. If you do not wish to renew, you must cancel your subscription before the end of the current billing cycle.

2.4 Price Changes
We reserve the right to change our Subscription Fees at any time. In the event of a fee change, we will provide reasonable advance notice via email or by posting a notice on our Website. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

2.5 Cancellation
You can cancel your subscription at any time by following the instructions on your account settings page. If you cancel your subscription, you will retain access to your subscription benefits until the end of the current billing period; no prorated refunds will be provided, unless required by applicable law.

3. USER ACCOUNT

3.1 Account Creation
You may be required to create an account to access certain features of the Services. You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your account.

3.2 Account Security
If you believe that your account or password is no longer secure, you must immediately notify us at hello@thehowskills.com. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

4. INTELLECTUAL PROPERTY

4.1 Our Content
All materials provided through the Services, including but not limited to videos, written summaries, text, graphics, logos, images, software, and compilations (collectively, the “Content”), are the exclusive property of The How, LLC (d/b/a The How Skills) or our licensors. The Content is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Content for your personal, non-commercial purposes. You may not modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit any Content without our express written consent.

4.3 Trademarks
All Company trademarks, service marks, logos, trade names, and any other proprietary designations used herein are trademarks or registered trademarks of The How, LLC. You may not use any Company trademarks without our express written permission.

5. USER CONDUCT

5.1 Prohibited Uses
By using the Services, you agree not to:

  • Violate any applicable law or regulation;

  • Infringe upon any intellectual property rights;

  • Use the Services for any commercial purpose not permitted under these Terms;

  • Engage in any activity that may interfere with or disrupt the Services or servers/networks connected to the Services;

  • Introduce viruses or any other harmful code;

  • Harass, threaten, or harm any other person;

  • Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.

5.2 Investigations
We reserve the right (but have no obligation) to monitor and investigate any potential violations of these Terms. We may remove or disable access to any Content or material that violates these Terms, and we may suspend or terminate your access to the Services at any time without notice for any reason at our sole discretion.

6. PRIVACY

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and share your personal information. By using our Services, you consent to our collection, use, and sharing of your personal information as described in the Privacy Policy.

7. DISCLAIMER OF WARRANTIES

7.1 As Is, As Available
The Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

7.2 No Guarantee of Results
Our Services are intended to provide educational information about building executive function skills. We do not guarantee any specific results or outcomes. You are solely responsible for any decisions or actions you take based on the Content.

7.3 No Professional Advice
The Content provided through our Services is not medical, psychological, financial, or legal advice. We are not a licensed healthcare provider, and the Content is not intended to diagnose or treat any health condition. Please consult with a qualified professional for any such advice or services.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Damages
To the maximum extent permitted by law, The How, LLC (d/b/a The How Skills) and its officers, directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses arising out of or in connection with your use of or inability to use the Services or Content.

8.2 Liability Cap
To the extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid us in Subscription Fees (if any) during the twelve (12) months immediately preceding the event giving rise to such liability.

8.3 Basis of Bargain
You acknowledge and agree that we offer our Services and set our Subscription Fees in reliance on the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between you and us.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The How, LLC (d/b/a The How Skills), its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any applicable law or regulation.

10. THIRD-PARTY LINKS

The Services may include links to third-party websites, services, or other content that are not under our control. We do not endorse or assume any responsibility for any third-party sites or content. You access any third-party content at your own risk and are subject to their terms and policies.

11. MODIFICATIONS TO THE SERVICES AND TERMS

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We also reserve the right to update or revise these Terms at any time. If we make material changes, we will provide notice to you (for example, by email or by posting a notice on the Website). Your continued use of the Services after any such changes constitute your acceptance of the revised Terms.

12. TERMINATION

We may, in our sole discretion, terminate or suspend your account or access to the Services at any time and for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease. You are still responsible for any Subscription Fees incurred prior to termination. Sections that by their nature should survive termination (including, but not limited to, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) shall survive any termination.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-law principles.

13.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined exclusively by binding arbitration in Seattle, Washington, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in Washington.

13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis, and not as a class, consolidated, or representative action.

14. MISCELLANEOUS

14.1 Entire Agreement
These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement between you and The How, LLC (d/b/a The How Skills) with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

14.3 No Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or our rights or obligations to any third party without notice or consent.

14.5 Contact Us
If you have any questions, concerns, or inquiries about these Terms, the Services, or your subscription, please contact us at: hello@thehowskills.com.

By subscribing to and using The How Skills Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.