TERMS AND CONDITIONS

Website Terms of Use

 

These Website Terms of Use (this “Agreement”) govern the website (together with its pages and features, the “Site”) operated, hosted, and/or published by Howdyland (the “Company”) and all associated services and products provided on, through, or in connection with the Site (the “Services”). This Agreement is entered into between you and any person assisting you to access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on one side, and the Company, on the other. Hereafter, you and the Company may be referred to individually as a “Party” and collectively as the “Parties.”

 

Please read this Agreement carefully before accessing or using the Site and/or the Services, as it constitutes a legally binding contract between you and the Company.

 

Each time you access or use the Site and/or the Services, you automatically accept and agree to the most recent version of this Agreement; and your continued access or use reaffirms your acceptance and agreement each time.

 

If you do not accept this Agreement in its entirety, you are strictly prohibited from accessing or using the Site and/or the Services.

 

The Company may supplement, modify, or amend this Agreement at any time. Such modifications will be posted on this or another page of the Site as the Company deems appropriate, and they will be effective as of the modification or effective date indicated. It is your responsibility to review this Agreement each time you access or use the Site or the Services.

 

The content of the Site is intended solely for personal, non-commercial use. You may download or copy the content of the Site and other downloadable materials for personal use only. No rights, title, or interest in any downloaded content is transferred to you as a result of such downloading or copying. You may not reproduce (except as expressly provided herein), publish, transmit, distribute, display, modify, create derivative works, sell, or exploit any of such content or the Site in any way.

 

Eligibility

The Site is only available to users who are eighteen (18) years of age or older, or otherwise the age of majority in the respective jurisdiction, and who have accepted this Agreement. By accessing or using the Site or the Services, you represent and warrant to the Company that you meet these eligibility requirements and agree to comply with all applicable laws when accessing and using the Site or the Services.

 

Privacy

The Company respects the privacy of others. The Company’s policies regarding the collection and use of your personal information in connection with the Site are set forth in the Company’s Privacy Policy, which you should carefully review each time you access or use the Site or the Services.

 

Your Devices

Certain sections of the Site may be configured for, and the Company may offer the Site through, certain electronic devices (e.g., computers, tablets, smartphones, or other electronic devices, “Device(s)”), and this Agreement will apply equally to your access and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, and network access necessary to access and use the Site. The Company does not guarantee that the Site or any part of it will function with any specific Device, software, operating system, network provider, or network. Any voice, messaging, or data fees, rates, or taxes of your network provider, or other third parties, may apply to your access or use of the Site. The Company is not responsible for, and you accept full responsibility for, all provider fees and charges that may apply.

 

Ownership

The Site and all elements and derivatives of it (including, but not limited to, all content, information, source code, data, instructions, documentation, and expressions), as well as all copyrights, trademarks, trade secrets, and other intellectual property rights therein (including, without limitation, “Howdyland” and all associated logos), are owned by, licensed to, or permissibly used by the Company. Under no circumstances will you have or retain any rights, title, or interests in or to the foregoing, except for those limited rights expressly granted to you under this Agreement. This Agreement only permits you to use the Site and the Services for your personal, non-commercial use.

 

User Account

Registration: To access and use certain sections or features of the Site, you may be required to register and create a personal user account (“User Account”) through the Site and reaffirm your acceptance and agreement to this Agreement and any additional terms the Company may require from time to time. Unless otherwise permitted in writing by the Company, you may only have one (1) non-transferable User Account.

 

Account Activity and Information: You are responsible for all activity under your User Account and are prohibited from authorizing or allowing any third party to access or use your User Account. Therefore, you must take all necessary precautions to protect your account details and access information (including your username and password). You must also maintain accurate, complete, and current information in your User Account. You must immediately notify the Company if you suspect that any unauthorized third party has accessed or is using your User Account.

 

Indemnification Related to User Account: You agree to indemnify the Company for any liability or loss that arises from unauthorized use of your User Account.

 

Licenses and Rights

License of the Site: Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, personal, revocable, non-transferable license to access and view the various publicly displayed pages of the Site and the content available there. Any unauthorized use of the Site or a violation of this Agreement will automatically terminate this license.

 

License of User Materials: Any names, information, communications, or other content you submit or publish on, through, or in connection with the Site (referred to hereinafter as “User Materials”) grants the Company an irrevocable, non-exclusive, royalty-free, fully paid, transferable, sublicensable, and perpetual license to use and exploit such User Materials, including all elements and derivatives thereof, in any language, medium, or form that the Company deems appropriate.

 

Limitation of Liability

In no event shall the Company be liable for any direct, indirect, punitive, or special damages arising out of the use of the Site or the Services, even if advised of the possibility of such damages. If you are dissatisfied with the Site or the Services, your sole and exclusive remedy is to discontinue your use of the Site and the Services.

 

Rights and Release of Claims

By using the Site, you agree to release the Company from any claims arising in connection with the Site, the products or services available on or through the Site (including the Services), and/or the rights and privileges granted by you to the Company under this Agreement.

 

Force Majeure

The Company shall not be responsible for delays in the performance of its obligations due to events outside its reasonable control, including natural disasters, fires, pandemics, or any other causes beyond its control.

 

Governing Law

This Agreement is governed by the laws of the State of Texas, United States of America, regardless of its place of execution, place of performance, or any conflict of laws analysis.

 

Dispute Resolution

Any dispute related to this Agreement shall be submitted to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in Travis County, Texas. This arbitration shall be the sole and exclusive means of resolving disputes and will be conducted in English. The parties waive their right to a jury trial and to participate in a class action.

 

Miscellaneous

Electronic Signatures: If your acceptance of this Agreement is evidenced by an affirmative assent (e.g., through a checkbox), this affirmative assent is equivalent to your electronic signature to this Agreement.

 

Contact: If you have questions about the Site or this Agreement, please contact privacy@howdylandshop.com with the subject line “Website Inquiry.”

 

Alabama Sales Tax

For all orders shipped to Alabama, Howdyland will collect the applicable sales tax. The following statement applies: "Howdyland has collected the simplified seller’s use tax on taxable transactions delivered into Alabama, and this tax will be remitted on the customer's behalf to the Alabama Department of Revenue. Howdyland’s program account number is SSU-R010724837."