Effective Date: January 1, 2022
Revised Date: January 1, 2022
MINORS. The Site is designed for use by individuals who are at least 18 years of age. If you are under 18 years old, you may not submit any personally identifiable information to us through the Site unless your parents have first provided us with verifiable parental consent for you to provide the information.
REGISTRATION. If you register or provide personal contact information through our Site, you agree to provide truthful, accurate, and reliable information about yourself. If you obtain a username and password in connection with your registration, you agree to safeguard the confidentiality of your password and agree that you will not disclose or share the password with any third parties. You are responsible for all activities that may occur under your username or password.
Howler Brothers 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 Site in any way that constitutes copyright infringement or infringement of other applicable intellectual property law, please contact Howler Brothers’ 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
1010-A West Lynn Street
Austin, TX 78703
INFORMATION SECURITY. When you provide us information online, including when you apply for a job, you understand and expressly agree that there is a risk of fraud or security breach. While we take industry standard efforts to protect your transaction and sensitive information, we disclaim any and all warranties that such transactions will be error-free or may not be subject to a third party security breach and you waive all claims relating to the same.
EMAIL AND MOBILE MARKETING COMMUNICATIONS. We use email and mobile advertising. You may always opt-out of our email and text messaging/SMS marketing programs (see below).
If provide us with your mobile phone number, it must be your own and may not be anyone else’s as, by doing so, you are proving affirmative consent (i.e., opting in) to receive recurring advertising and other text messages from and on behalf of Howler Brothers via an automatic telephone dialing system to the mobile phone number you provide. Your consent to receiving such messages is not a condition of purchasing any goods or services.
To stop receiving emails and mobile marketing communications, follow these instructions:
- Emails: Each marketing email sent contains an easy, automated way for you to cease receiving email from us. If you wish to do this, simply follow the “Unsubscribe” link at the end of any marketing email.
- Mobile Texts: You can unsubscribe at any time by texting “STOP” in response to any marketing text/SMS message you receive on Howler Brothers’ behalf.
We do not charge you for sending or receiving text messages to us. However, your mobile service provider's message and data rates may apply. All applicable charges will be billed by and payable to your mobile service provider. We are not and will not be liable for any failures or delays in the receipt of any email or text messages, as delivery is subject to effective transmission from your network operator.
We work with various third-party service providers to provide its email and mobile advertising. If you have any questions on our email or mobile marketing programs, contact us.
Our mobile marketing programs may not be available on all carriers. Please contact us for a list of US carriers through which we provide our programs. You must be 18 years of age or older to participate in our email communications and mobile text alerts.
SYSTEMS/MOBILE DEVICES. Some operating systems and mobile devices may not be capable of accessing the Site. We are not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access or use any of the Site. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with access to or use of the Site.
SECURITY. We make no representations or warranties as to the security of the Site. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We recommend that you take the following precautions to safeguard your data:
- Always use a complex password with unique numbers, letters and special characters, and do not disclose your password to anyone. If you share your password or your personal information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately change your password.
- Keep your computer software up to date with the latest browser and anti-virus security software.
- Be aware of increasingly common email scams that may use your email address to contact you and ask for personal or sensitive information. Always be cautious when opening links or attachments from unsolicited third parties. Howler Brothers will not send you emails asking for your credit card number, social security number or other personally identifiable information. So, if you are asked for this information, you can be confident it is not from us.
- If you have any questions or concerns regarding security or whether a communication is from us, please contact us.
- In the event that we or any of its vendors experience a data breach that may affect you, you expressly consent to receive notice of such breach or data security incident exclusively through electronic correspondence as set forth below.
INTELLECTUAL PROPERTY. All of the Materials accessible on or through the Site are owned by Howler Brothers and are registered and/or protected by U.S. and international copyright, trademark, and other laws. Howler Brothers reserves all rights in and to its Materials. You agree to retain all trademark, copyright and all other proprietary notices contained in or on the Site. You may not delete or change any copyright or trademark notices, and may not alter or modify the Materials in any manner without the express written permission of Howler Brothers. You may not copy or use any of the Materials or Howler Brothers intellectual property in any way that is not expressly authorized herein without first obtaining written consent from Howler Brothers.
FAIR & TRUTHFUL ADVERTISING. We endeavor to engage in truthful and transparent methods of advertising and expect users of the Site to do the same. If you provide any endorsements or testimonials on or through any of the Site or our social media accounts, you must provide only your honest opinions and experiences. If you are an employee of Howler Brothers, or if you receive any compensation, free products or services, or any other value from Howler Brothers, you must disclose that with any testimonials or endorsements you may provide on or through the Site.
PROHIBITED CONDUCT. You may not:
- Violate or attempt to violate the security of the Site or to interfere with any intellectual property or proprietary rights in or to the same;
- Re-deliver or publish all or part of the Site using framing, scraping, or any other related technology;
- Use or incorporate any of Howler Brothers’ trademarks, trade dress, the name of any Howler Brothers’ personnel, or any variation of these items as a metatag, Adword, hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Howler Brothers and you, or any other individual or entity;
- Upload, email or otherwise transmit to Howler Brothers and/or through the Site any of the following: sexually-explicit images or statements; advertising, promotional, or other unauthorized communication, including, without limitation, commercial solicitations, junk mail, surveys, unsolicited email, spam, and any material that contains viruses, Trojan horses, worms, time bombs, malware, cancelbots, or any other computer code, files or programs that could interrupt, limit or interfere with, damage, surreptitiously intercept, breach or expropriate any system, data or information related to or connected with the Site, or any computer software, hardware, cloud, hosted system or other equipment that is owned, leased or in any way used by Howler Brothers;
- Use the Site to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Take any action that imposes, or may impose, in Howler Brothers’ sole discretion, an unreasonable or disproportionately large data load on Howler Brothers’ system or infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site;
- Bypass measures used by Howler Brothers to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Howler Brothers; or
- Impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false email or other headers, or otherwise falsify your identity from Howler Brothers for any purpose.
WEBSITE LINKING. For your general informational use only, we may provide access to third party websites. These links allow you to leave the Site. We are unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to or through any of the Site. By providing access to other websites, we are not recommending or supporting any third party, are not recommending the purchase or sale of any products or services of a third party, and are not endorsing or acknowledging that it is affiliated with any website sponsoring organization. We do not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.
Howler Brothers, 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.
VIRUSES. We cannot and do not guarantee or warrant that files available for downloading from the Site are free of viruses, worms, Trojan horses, malware, web cells or other code that may have contaminating, destructive or security-vulnerable properties. It is your responsibility to review and scan any and all downloaded materials from the Site and/or any links provided by or through the Site. We will not be responsible or liable for any damage caused by your use of the Site.
INACCURACIES OR ERRORS. The descriptions, pictures, representations of products, promotions and/or other information available on the Site may contain inaccuracies and/or errors. We do not make any warranty or representation with respect to the accuracy or completeness of any such information, and reserve the right to correct the same without penalty. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in our sole discretion. We shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.
DISCLAIMERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). HOWLER BROTHERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "HOWLER BROTHERS’ PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE HOWLER BROTHERS PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF DATA.
LIMITATION OF LIABILITY. YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE HOWLER BROTHERS’ PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE HOWLER BROTHERS PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO HOWLER BROTHERS WITHIN THE LAST SIX MONTHS TO ACCESS OR USE THE SITE WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO HOWLER BROTHERS. IF YOU LIVE IN A STATE OR JURISDICTION THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY HOWLER BROTHERS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE HOWLER BROTHERS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
CONTACT US. Howler Brothers operates the Site from its company headquarters in Texas. Howler Brothers does not in any way imply that the materials on the Site, or products described in the same, are available in all jurisdictions where we operate or in a jurisdiction where we are not licensed to do business or that we are soliciting business in any such jurisdiction. If you have any questions or concerns, please contact us:
Heard Design, LLC d/b/a Howler Brothers
Attn: General Counsel
1010-A West Lynn Street
Austin, TX 78703
Phone: (512) 373-8233