Terms & Conditions
Use License
Holloway Houston, Inc. ("Holloway Houston” or “HHI”) grants you permission to view and use this website provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this website.
Your use of this website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this website, you represent and warrant to Holloway Houston that you will not use this website for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this website. Holloway Houston may terminate your access to this website at any time for any reason without notice. Other than this agreement and agreements between you and Holloway Houston relating to the sale of products or services to you through this website, Holloway Houston will not enter into any agreement with you or obligation to you through this website and no attempt to create such an agreement or obligation will be effective.
Product Orders
You may be required to create an account to access certain features of this website or to purchase goods and/or services. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for all activities that occur under your account.
You agree to:
- Provide truthful and accurate information when creating your account.
- Keep your account information up to date.
- Not share your account information with any third party.
- Notify us immediately of any unauthorized use of your account or any other security breach.
Holloway Houston reserves the right to suspend or terminate your account at any time for any reason, including, but not limited to, violation of these Terms. Holloway Houston is committed to providing accurate descriptions and pricing information for HHI’s goods and services. However, there may be errors or inaccuracies. Holloway Houston reserves the right to correct any errors or inaccuracies and change pricing information without prior notice.
Your placement of an order does not constitute our acceptance of the order. We reserve the right to cancel any order anytime for any reason. We will notify you if your order is canceled.
You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
We offer a variety of shipping options. Please refer to our Shipping Policy for more information.
We offer returns and refunds under certain circumstances. Please refer to our Returns and Refunds Policy for more information.
NO WARRANTIES; EXCLUSION OF LIABILITY
HOLLOWAY HOUSTON MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HOLLOWAY HOUSTON SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOLLOWAY HOUSTON SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER HOLLOWAY HOUSTON, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Contacting Us
If you have any questions about this agreement, please contact us through the “contact us” link or write us at:
Holloway Houston, Inc.
5833 Armour Dr.
Houston, TX 77020
Although Holloway Houston will in most circumstances be able to receive your electronic communication or other information provided through the “contact us” link, Holloway Houston does not guarantee that it will receive all such electronic or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such electronic or other information.
Uploaded Content
By submitting any content to Holloway Houston (including photos), via this website or otherwise, you represent and warrant that: (1) you are the sole author and owner of the intellectual property rights thereto; (2) all "moral rights" that you may have in such content have been voluntarily waived by you; and (3) use of the content you supply does not violate this agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content: that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation for which you were compensated or granted any consideration by any third party; or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold Holloway Houston (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Holloway Houston a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Holloway Houston’s sole discretion. Holloway Houston reserves the right to change, condense or delete any content on this website that Holloway Houston deems, in its sole discretion, to violate this agreement. Holloway Houston does not guarantee that you will have any recourse through Holloway Houston to edit or delete any content you have submitted. You acknowledge that you, not Holloway Houston, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Holloway Houston, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
Intellectual Property
Holloway Houston is the owner of intellectual property, including trademarks, copyrights, and trade secrets. This website contains Holloway Houston’s intellectual property, and you agree to not use Holloway Houston’s intellectual property without HHI’s prior written consent. Specifically, the trademarks, service marks and logos used and displayed on this website are registered and unregistered trademarks of HHI and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the website, without the prior written permission of the trademark owner. The name Holloway Houston, Holloway, and the logo(s) of Holloway Houston or the other Holloway Houston trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior, written permission from Holloway Houston. HHI prohibits use of the Holloway Houston logo as part of a link to or from any website unless establishment of such a link is approved in advance by HHI in writing. Fair use of HHI’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this website may be the trademarks of their respective owners. Holloway Houston owns the copyright to the materials within this website and are subject to the copyright laws of the United States.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Holloway Houston responds to notices of alleged copyright infringement pursuant to the requirements of the DMCA. If You believe that any content on this site infringes your copyrights, To request removal of content on this website, please contact Holloway Houston to provide notice at:
Holloway Houston, Inc.
5833 Armour Dr.
Houston, TX 77020
Your notice must satisfy the requirements of the DMCA and include the following information:
- Your name, mailing address, and email address;
- A statement identifying the copyrighted material You claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
- A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
- A statement that You have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in this notice is accurate and that You are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
- An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Holloway Houston reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that Holloway Houston determines that a DMCA notice lacks validity, Holloway Houston may refuse to remove the complained of content at its discretion. Election by Holloway Houston to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
Governing Law
You agree that this agreement and your use of this website are governed by the laws of the State of Texas without regard to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Houston, Texas for all alleged claims arising out of the use of this Site.
Other Terms
Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Holloway Houston has endeavored to comply with all legal requirements known to it in creating and maintaining this website, but it makes no representation that materials on this website are appropriate or available for use in any particular jurisdiction. Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
You agree that Holloway Houston may at any time and without notice change the terms, conditions and notices under which this website is offered; however, any change to the terms after your last usage of the website will not be applied retroactively.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Holloway Houston as a result of this agreement or your use of this website.
This agreement and the privacy agreement constitute the entire agreement between you and Holloway Houston with respect to this website. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Holloway Houston with respect to this website. No modification of this agreement shall be effective unless it is authored by Holloway Houston or its affiliates, or unless it is physically signed by an officer of Holloway Houston. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Holloway Houston in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Holloway Houston.
THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF HOLLOWAY HOUSTON OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.