Terms and Conditions
You are visiting a website (the “Website”) that is property of Heard Design, LLC d/b/a Howler Brothers, and/or its affiliates or subsidiaries (collectively, “Howler Bros”). The following terms and conditions of use (the “Agreement”) govern your use of the Website and its Contents, as defined below.
Please be advised that your use of the Website constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify the Agreement at any time without prior notice. If you do not agree to all of the terms and conditions set forth herein, do not use the Website.
Unless otherwise noted, the Website, and all materials on the Website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”) are owned, controlled or licensed by Howler Bros and are protected by copyright, trade mark and applicable intellectual property and common law rights. Except for the rights specifically granted by this Agreement, the Website or its Contents cannot be used, copied, licensed or sub-licensed for any purpose without the express written consent of Howler Bros.
Howler Bros respects the intellectual property of others. If you believe that intellectual property owned by you or a third party has been copied or used on the Website in any way that constitutes copyright infringement or infringement of other applicable intellectual property law, please contact Howler Bros’ General Counsel, our agent for notification of claims, at the address below, providing all relevant information.
Heard Design, LLC d/b/a Howler Brothers
Attn: General Counsel
PO Box 4006
Austin, Texas 78765
Please note the below intellectual property used by Howler Brothers but belonging to entities other than Howler Brothers.
The photography used in the Howler Brothers End Of Summer Sale (2014) graphic is a derivative work of the photograph Caribbean Beach by Breezey Baldwin, available under a Creative Commons Attribution license.
Site Usage and Contents
The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal informational use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying or any other use of the Website. You may not reproduce (except as specifically set forth herein), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.
Howler Bros makes reasonable effort to ensure that the Contents of the Website are accurate and free from errors. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions including, but not limited to, those related to product descriptions, pricing, promotions, offers, and availability. Howler Bros makes no representations or warranties as to the accuracy or completeness of any of the Contents including without limitation, the availability, quality or price of any products included on the Website or otherwise referred to in the Contents.
Howler Bros makes every effort to display the colors of our products as accurately as possible on the Website. Please be advised that Howler Bros cannot guarantee that your computer monitor’s display of any color will be accurate.
The Website may contain links to other websites and may on occasion display content or information from websites owned by third parties. Howler Bros is in no way responsible for any third party website or its content or information. Any such links are accessed at the user’s absolute discretion and risk.
Liability and Indemnity
UNDER NO CIRCUMSTANCES SHALL HOWLER BROS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOWLER BROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Howler Bros, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Howler Bros, in its sole discretion, reserves the right to refuse any order placed with us or limit quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Governing Law / Miscellaneous Terms
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, County of Travis and/or the Western District of the State of Texas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Howler Bros’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website and its Contents.