Terms & Conditions
This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the web site operated by Howzer, LLC (“Howzer”), located at “howzer.com” (the “Site”), and the information and services made available on and through the Site. Please read these Terms and Conditions carefully. These Terms and Conditions will form a binding agreement between you, as the user of the Site, and Howzer.
Acceptance of Terms and Conditions
Your use of the Site includes the use of any applications, software, or other products or services (“Materials”) provided by the Site. Your use of the Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Site or any Materials. Please review these Terms and Conditions each time you use the Site as they are subject to change at any time by Howzer without notice to you. Any changes to these Terms and Conditions will be effective immediately upon posting to the Site. Howzer reserves the right to suspend your use of the Site for any reason at any time, in its sole discretion.
You may temporarily download one copy of the Materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the Materials;
- use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Site;
- remove any copyright or other proprietary notations from the Materials; or
- transfer the Materials to another person or “mirror” the Materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Howzer at any time. Upon completion of your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.
The text, graphics, designs, logos, button icons, images, audio clips, data compilations, and information (“Content”) contained on the Site and Materials are owned or controlled by Howzer or its respective owners and are protected by United States and international copyright laws.
Howzer does not want to receive confidential or proprietary information from you through the Site, and any information or material sent to Howzer through the Site in respect of any products or service referenced or offered on the Site will be deemed NOT to be confidential. By sending Howzer any information or material regarding our services, you grant Howzer an unlimited, worldwide, irrevocable right and license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Howzer is free to use any ideas, inventions, concepts, know-how, or techniques that you send Howzer for any purpose. Such purposes may include disclosure to third parties and/or developing, manufacturing, and/or marketing goods or services.
We reserve the right to determine the eligibility of any user for any product or service. The pages relating to each product or service may provide additional information on the availability of each product or service and may contain additional terms governing eligibility.
Howzer has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Howzer of the site. Use of any such linked web site is at the user’s own risk.
Errors and Modification
The Materials appearing on the Site may include technical, typographical, or photographic errors. Howzer does not warrant that any of the Materials on its Site are accurate, complete, or current. Howzer may make changes to the Materials contained on its Site at any time without notice. Howzer does not, however, make any commitment to update the Materials.
THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Howzer MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE, OR ERROR-FREE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER WEB SITE TO WHICH THIS SITE LINKS, IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL Howzer BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, ANY APPLICATION, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Howzer HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT.
Governing Law and Venue
These Terms and Conditions are governed by the internal substantive laws of the State of Texas in the United States of America, without respect to its conflict of laws principles. Jurisdiction and venue for any claims arising under from the use of the Site or these Terms and Conditions shall lie exclusively with the state courts located in Harris County, Texas and in the United States Federal Court located in the Southern District of Texas, and you hereby irrevocably consent to the jurisdiction of such courts.
If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. The failure of Howzer to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
The information contained in these Terms and Conditions may be changed or updated by Howzer from time to time and without prior notice by posting the modified Terms and Conditions to the Site. Howzer may also make improvements and/or changes in the Materials, products and/or programs described in this information at any time without notice. It is your obligation to review these Terms and Conditions on an ongoing basis. Your continued use of the Site constitutes your agreement to these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Site.