Terms of Use

Effective Date:     January 1, 2022
Revised Date:      August 18, 2022

Welcome to the website, www.howlerbros.com (the “Site”), operated by Heard Design, LLC d/b/a Howler Brothers (collectively “Howler Brothers”, “we”, “ours” or “us”). This Terms and Conditions of Use ("Agreement” and “Terms of Use”) contains the terms upon which we agree to provide you with access to and use of the Site, all related content, promotions, programs and services available through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCESS TO AND USE OF ANY PART OF THE SITE CONSTITUTES YOUR EXPRESS AGREEMENT TO THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

GENERAL TERMS. These Terms of Use is a legally binding agreement between you and Howler Brothers. By using any part of the Site or by placing an order with us, you agree to be legally bound by all of the terms and conditions of the Agreement. These Terms of Use sets forth your rights and obligations with respect to your use of and access to the Site. If you have questions regarding these Terms of Use, please contact us.

ACCEPTANCE OF TERMS. BY USING AND ACCESSING ANY PART OF THE SITE OR PURCHASING ANY PRODUCTS FROM US, YOU EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 18 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THE TERMS OF THESE TERMS OF USE; (C) UNDERSTAND THAT YOU ARE BOUND BY THE TERMS OF THESE TERMS OF USE; (D) ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS NOT BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; (E) ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND (F) WILL COMPLY WITH THE TERMS OF THESE TERMS OF USE AND ANY APPLICABLE LAWS AND REGULATIONS.

UPDATING TERMS. We reserve the right, at its discretion, to change, delete, and update these Terms of Use and any other policies that govern or relate to the Site and/or our products at any time, for any reason, and in our sole discretion. We also reserve the right to discontinue the Site, any portion of the Site, any products, and/or to terminate your access to or use of the Site. It is your responsibility to periodically review these Terms of Use for changes. Any amendments and modifications by us will be prospective, and unless otherwise provided in these Terms of Use, will be effective upon being posted on the Site. Your access and/or use of any of the Site after terms of these Terms of Use are amended or updated shall be deemed acceptance of all such changes.

PRIVACY. We are committed to providing transparency in how it collects, uses and shares data. The terms of our Privacy Policy apply to your use of the Site, and are incorporated by this reference. It is your responsibility to read and understand our Privacy Policy, which is also updated from time to time. 

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.

OWNERSHIP RIGHTS. We (a) own or license all of the content, materials, and other intellectual property related to the Site, including, without limitation, all trademarks, logos, text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, look and feel, compilation, titles, words or phrases, page headers, service names, advertisements, promotions, trademarks, patents, and copyrights (collectively, “Materials”); and (b) expressly reserve all right, title and interest in and to the Materials. You have no rights to use the Materials except as expressly set forth in these Terms of Use. Any use of the Materials that is not expressly authorized by these Terms of Use is prohibited. 

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

LIMITED LICENSE. Subject to the terms of these Terms of Use, we grant you a limited, non-exclusive license to access and use the Site for your non-commercial, personal and informational use and/or to obtain products, services, rewards or information from us. You may not use any part of the Site for commercial purposes, to compete with us in any way (either directly or indirectly) or to harm us in any way.

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).

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.

For information about Mobile Marketing Communications, please see our Mobile Terms of Service in our Privacy Policy.

If you have any questions regarding our third-party vendors, please contact their website terms of use and privacy policies that are available on their web sites linked above; and/or contact us for more information.

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.

Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the Site and purchasers of our products with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through these Terms of Use, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copy of any electronic notifications you receive, please contact us. To receive electronic records, you will need access to a smartphone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

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;
  • Use or access the Site to transmit, copy, reproduce, modify, republish, upload, post, transmit, email, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any person or entity (including Howler Brothers) or that otherwise violates the terms of these Terms of Use;
  • 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.

The license granted to you under these Terms of Use to access and use the Site shall automatically terminate if you violate any of these restrictions. Howler Brothers reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.

TERMINATION, REMOVAL OF MATERIALS, AND MONITORING. These Terms of Use is effective until terminated. We may terminate, restrict, or suspend all or part of your license to access and use the Site at any time, in its sole discretion, without prior notice to you and without any liability to you. We shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting.

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.

Transactions

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.

DISCLOSURE OF YOUR IDENTITY AND USE. In addition to the ways we may disclose your information set forth in our Privacy Policy, we expressly reserves the right to disclose any and all information we have about you (including your identity) if we determine that such disclosure is necessary or advisable in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our  customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request, including, but not limited to, court order or subpoena. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes or for governmental authorities for security purposes.

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.

INDEMNIFICATION. In consideration of your access to and use of the Site, you hereby agree to indemnify, defend, and hold harmless the Howler Brothers’ Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your breach of these Terms of Use, your violation of law, or your violation or threatened violation of any person's or entity's rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).

APPLICABLE LAW. Howler Brothers manages the Site within the State of Texas in the United States. If you choose to access or use any of the Site from any other location, state or country, you do so at your own risk and initiative and are solely responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Texas (excluding any choice of law rules) govern your rights and obligations relating to Howler Brothers and your use of/access to the Site, and exclusive jurisdiction and venue for any disputes relating to these Terms of Use and/or the Site shall be the state or federal courts located in 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 Brothers’ 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. These Terms of Use together with the Privacy Policy and any Return & Exchanges policy that might be applicable constitutes the entire agreement between us relating to your use of the Site and its Contents.

ATTORNEYS' FEES AND COSTS. If Howler Brothers takes any legal action against you as a result of your violation of these Terms of Use, our Privacy Policy and/or of misuse of the Site, Howler Brothers be entitled to recover from you, and you agree to pay, all of Howler Brothers’ reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Howler Brothers. You agree that Howler Brothers will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use or misuse of the Site.

SEVERABILITY AND WAIVER. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by Howler Brothers under these Terms of Use shall not constitute any waiver or modification of the terms of these Terms of Use by Howler Brothers.

INCORPORATED TERMS. Additional terms and conditions may apply to your access to and use of the Site, including (without limitation) Howler Brothers’ Privacy Policy.

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
E-mail: privacy@howlerbros.com