HowdyDrop

Terms of Service

Effective Date: May 15, 2026

THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 19 CAREFULLY.

Tam Labs LLC ("HowdyDrop," "we," "us," or "our"), with a mailing address of 73 White Bridge Road, Ste 103-155, Nashville, TN 37205, operates howdydrop.com (the "Site") and runs live shopping shows on Whatnot. These Terms of Service ("Terms") govern your access to and use of the Site, the live shows, and any related features, content, downloads, or services we provide (collectively, the "Service"). By creating an account, placing an order, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy, Shipping Policy, and Refund Policy by reference.

1. Eligibility and account

You must be at least 18 years old (or the age of majority in your state) to use the Service or make a purchase. You may not have more than one active account, and you may not sell, transfer, or assign your account. You represent that the information you provide is accurate, current, and complete, and you agree to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it. Notify us promptly at hello@howdydrop.com of any unauthorized use or other breach of security. We will not be liable for any loss arising from your failure to safeguard your credentials.

If you register on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms and that all references to "you" apply to both you and the entity.

2. Use of the Service; prohibited conduct

You agree to use the Service lawfully and respectfully. Without limiting the foregoing, you will not:

  • attempt to disrupt, interfere with, or impair the Service or the experience of other users;
  • use scraping, crawling, scripting, robots, or similar automated tools to access the Service, or bypass our robots.txt or any other technical restriction;
  • reverse engineer, decompile, or attempt to discover the source code or underlying ideas of the Service;
  • copy, redistribute, reproduce, frame, "rip," record, or rebroadcast any part of the Service except as expressly permitted by these Terms;
  • use any of our trademarks, logos, or marks as metatags or in a way that suggests sponsorship or endorsement we have not granted;
  • use another user's account without authorization, or impersonate any person or entity;
  • circumvent any content-filtering, access-restriction, or rate-limiting measures we employ;
  • develop or use third-party applications that interact with the Service without our prior written consent;
  • submit content that is unlawful, infringing, defamatory, obscene, threatening, harassing, fraudulent, invasive of privacy, or otherwise objectionable in our sole judgment;
  • upload viruses, malware, or any other harmful code; or
  • violate any applicable law, regulation, governmental order, or industry guideline.

We may suspend, terminate, or restrict access at any time, with or without notice, for any violation of these Terms or for any other reason we deem appropriate.

3. Products, listings, and authentication

We make every reasonable effort to describe pieces accurately, including condition notes for pre-loved items. Photographs are taken in natural light where possible; minor color variation between screens and the actual piece is normal and not a defect. We reserve the right to correct typographical or pricing errors, cancel orders that result from such errors, and limit purchase quantities at our discretion.

Product authentication, when performed, is conducted in-house by our team. Brands referenced on the Service (a) are not involved in the authentication of products sold through the Service, and (b) do not assume responsibility for products purchased from us. Mention of any brand does not imply partnership, endorsement, or affiliation. We cooperate with brand owners and law enforcement investigating counterfeit goods and may, when required by court order or directive of law enforcement, share consignor or seller contact information.

4. Pricing, payment, and sales tax

Prices are listed in US dollars and are subject to change without notice. Payment is processed through Shopify Payments and accepted methods include major credit cards and Shop Pay. By submitting payment information, you represent that you are authorized to use the payment method and you authorize us (and our payment processor) to charge the full amount of your order, including shipping and applicable taxes. We do not store full card numbers on our servers.

Purchases may be subject to sales, use, excise, or similar taxes depending on the shipping destination. Estimated tax is shown at checkout and may be adjusted when the order is finalized. It is your responsibility to satisfy any tax obligations not collected at checkout. Tax-exemption claims require valid documentation on file with us prior to fulfillment.

5. Live shows and auctions

Live shopping shows are broadcast on Whatnot under our channel. By participating in a live show, you agree to Whatnot's terms in addition to these Terms. The following live-show rules apply:

  • Auction wins are final. A winning bid is a binding purchase. No returns, exchanges, or cancellations are available for live-won pieces.
  • Payment is captured at win. Whatnot processes payment at the moment of win on the payment method on file. Payment failures may result in forfeiture of the piece and account-level penalties from Whatnot.
  • Shipping for live wins. Live-show purchases ship from the United States per our Shipping Policy.
  • The Closet. Pieces from our live shows may be listed on the Site as part of The Closet at their Closet price. All sales remain final, including Closet pieces.

6. Shipping and risk of loss

Shipping is described in our Shipping Policy. Title and risk of loss for any piece pass to you the moment we tender the package to the carrier. Issues arising in transit are handled per the Shipping Policy.

7. Refunds

Refunds are governed by our Refund Policy. All sales are final except as expressly provided there.

8. Intellectual property

The Service and all content — including the HowdyDrop name, logo, wordmark, taglines, the magnolia and horsebit marks, photography, written copy, software, the a luxury curation signature, and the selection, coordination, and arrangement of the foregoing (collectively, "Content") — are owned by HowdyDrop or our licensors and protected by US and international intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to view and display the Content for your personal, non-commercial use of the Service. The license terminates automatically if you breach these Terms or if we cease offering the Service. All rights not expressly granted are reserved.

HowdyDrop and the related word and design marks are trademarks of HowdyDrop, with rights reserved whether or not registered.

9. User content; postings license

The Service may permit you to submit ratings, reviews, photographs, comments, messages, or other materials (collectively, "Postings"). You are solely responsible for your Postings, including their legality, accuracy, originality, and the rights necessary to submit them. By submitting a Posting, you represent that the Posting is yours to submit and does not violate any law, contract, or third-party right, and you agree that the Posting will not be confidential.

You hereby grant HowdyDrop a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), non-exclusive license to use, host, store, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works of, and otherwise exploit your Postings in any media now known or later developed for any lawful business purpose, including marketing, promotion, and operation of the Service. To the extent permitted by applicable law, you waive any moral rights or rights of attribution in the Postings; to the extent not waivable, you irrevocably agree not to assert them against us or our licensees.

We may, but are not obligated to, screen, edit, refuse, or remove any Posting at any time and for any reason, without notice.

10. Publicity release

If you appear in, contribute to, or are referenced in any Posting, including reviews or photographs submitted in connection with a purchase, you grant HowdyDrop the perpetual, irrevocable, worldwide, royalty-free right and license to use your name, image, likeness, voice, and a first-name-plus-last-initial-plus-city/state attribution (for example, "Jane D., Nashville, TN") for marketing, promotional, and operational purposes, with or without further compensation. You may request removal of a specific piece of content featuring you by writing to hello@howdydrop.com; we will use reasonable efforts to honor the request prospectively but are not obligated to retract material already disseminated.

11. DMCA / copyright complaints

If you believe content on the Service infringes your copyright, send a written notice to our designated agent — by email to hello@howdydrop.com or by mail to Tam Labs LLC, Attn: DMCA Agent, 73 White Bridge Road, Ste 103-155, Nashville, TN 37205 — with the elements required by 17 U.S.C. § 512(c)(3):

  • a physical or electronic signature of the rights holder or an authorized agent;
  • identification of the copyrighted work claimed to be infringed;
  • identification of the allegedly infringing material and its location on the Service (including URL);
  • your contact information (name, address, telephone, email);
  • a statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf.

Counter-notifications. If your Posting was removed in response to a copyright notice and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification to hello@howdydrop.com containing: identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your contact information; a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the US, the United States District Court for the Middle District of Tennessee); a statement that you will accept service of process from the party who submitted the original notice; and your signature.

Knowing misrepresentations in either a notice or counter-notification may result in liability under 17 U.S.C. § 512(f).

12. Electronic communications consent

By creating an account or providing your email address or phone number, you consent to receive communications from us electronically, including by email, SMS, push notification, and in-app message. These communications may include transactional messages (order confirmations, shipping updates, account notices), service messages, and marketing messages where you have opted in or where permitted by law.

You may opt out of marketing emails at any time by clicking unsubscribe in any marketing email. You may opt out of marketing SMS by replying STOP to any marketing text. Transactional messages will continue regardless. Standard message and data rates may apply to SMS depending on your carrier plan. Electronic communications satisfy any legal requirement that communications be in writing.

13. Third-party services and links

The Service may link to or integrate with third-party websites, applications, or services (including Whatnot, Shopify, Klaviyo, Meta, Google, and TikTok). Your use of those third-party services is governed by their own terms and privacy policies, not these Terms. We are not responsible for the content, accuracy, availability, or practices of third-party services, and links or integrations do not constitute endorsement.

14. Disclaimers

The Service, all Content, products, and any related materials are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, HowdyDrop expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, quiet enjoyment, and any warranties arising from a course of dealing, course of performance, or usage of trade.

HowdyDrop does not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; that defects will be corrected; or that the Service or any product purchased through it will meet your expectations. You assume sole responsibility and risk for your use of the Service and any reliance on its content. No advice or information obtained from HowdyDrop or through the Service creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the fullest extent permitted by law.

15. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall HowdyDrop, its owners, officers, employees, contractors, suppliers, licensors, agents, or affiliates (collectively, the "HowdyDrop Parties") be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, anticipated savings, or other intangible loss, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and whether or not the HowdyDrop Parties have been advised of the possibility of such damages and even if a remedy stated in these Terms is found to have failed of its essential purpose.

In no event shall the HowdyDrop Parties' aggregate liability arising out of or relating to these Terms or the Service exceed the greater of (a) the total amount you paid HowdyDrop in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100). Multiple claims do not enlarge this limit.

The foregoing limitations do not apply to (i) liability for grossly negligent or intentional misconduct by HowdyDrop, or (ii) any other liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the HowdyDrop Parties' liability is limited to the fullest extent permitted by law. You agree that the limitations in this section are a fundamental basis of the bargain between you and HowdyDrop and apply regardless of the form of action.

16. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless the HowdyDrop Parties from and against any and all claims, demands, actions, investigations, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' and experts' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your breach or alleged breach of these Terms; (c) your Postings or our permitted use of any information you submit; or (d) your fraud, misrepresentation, intentional misconduct, gross negligence, or violation of any applicable law or third-party right in connection with the Service. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You will not settle any matter without our prior written consent.

17. Force majeure

HowdyDrop is not liable for any delay, loss, or failure to perform arising out of events beyond our reasonable control, including acts of God, severe weather, natural disasters, public-health emergencies, epidemics or pandemics, labor disputes, carrier failures, supply-chain disruption, internet or utility outages, customs holds, theft, war, terrorism, civil unrest, governmental action, or embargo. If a force-majeure event prevents us from fulfilling an order, we may offer you the option of a deferred shipment or a refund of the purchase price as our then-current policies allow.

18. Modification or termination of the Service

We may modify, suspend, or discontinue the Service (or any feature or portion of it) at any time, with or without notice, in our sole discretion and without liability to you. We may also limit, suspend, or terminate your access to the Service, including for conduct we deem abusive (such as repeated chargebacks, fraudulent claims, or abuse of any promotion or policy). Sections of these Terms that by their nature should survive termination — including Sections 8–11, 14–16, 19, and 20 — will survive.

19. Dispute resolution; mandatory binding arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HOWDYDROP ON AN INDIVIDUAL BASIS AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US.

Scope. Any dispute, claim, or controversy between you and HowdyDrop arising out of or relating to these Terms, the Service, or your relationship with HowdyDrop — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and including disputes about the scope, enforceability, or validity of this Section 19 — will be resolved as set out in this Section ("Disputes").

Informal resolution. Before initiating arbitration, you and HowdyDrop will attempt in good faith to resolve any Dispute informally for at least sixty (60) days. You may give written notice of a Dispute by emailing hello@howdydrop.com; the notice must describe the Dispute and the relief you seek. If the Dispute is not resolved within sixty (60) days of the notice, either party may proceed to arbitration.

Binding arbitration. Except for matters properly filed in small claims court on an individual basis, all Disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (if you are an individual consumer) or Commercial Arbitration Rules (if you are a business or representing one), each as modified by these Terms. The current rules are available at adr.org. The arbitration will be conducted by a single arbitrator selected under the applicable AAA rules. The seat and legal place of arbitration is Davidson County, Tennessee. Hearings may be conducted by teleconference or videoconference unless the arbitrator orders an in-person hearing at a location reasonably convenient to both parties. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

Small claims option. Either party may bring an individual claim that qualifies in small claims court instead of arbitration, so long as the matter stays in that court and is brought on an individual basis.

Class action waiver; jury trial waiver. YOU AND HOWDYDROP EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS ARE NOT PERMITTED. Without the consent of all parties, the arbitrator may not consolidate claims and may not preside over any form of representative proceeding. YOU AND HOWDYDROP EACH WAIVE ANY RIGHT TO A JURY TRIAL for any Dispute subject to this Section.

Injunctive relief. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information pending arbitration, and doing so will not be deemed a waiver of the right to arbitrate.

Severability of this section. If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court; the remainder of this Section 19 will continue to apply.

20. Governing law and venue

These Terms and any Dispute arising out of or relating to them or the Service are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Any Dispute not subject to arbitration or properly filed in small claims court will be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to personal jurisdiction and venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. Notices

Notices to HowdyDrop must be sent to hello@howdydrop.com, or by mail to Tam Labs LLC, 73 White Bridge Road, Ste 103-155, Nashville, TN 37205. Notices to you may be sent to the email address associated with your account or posted on the Service, and will be deemed given when sent or posted. You are responsible for keeping your contact information current.

22. Miscellaneous

These Terms, together with the Privacy Policy, Shipping Policy, Refund Policy, and any additional terms expressly incorporated, constitute the entire agreement between you and HowdyDrop regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be reformed only to the extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that or any other provision. You may not assign or transfer these Terms without our prior written consent; we may assign or transfer freely. No agency, partnership, joint venture, or employment relationship is created by these Terms. Headings are for convenience only and do not affect interpretation. There are no third-party beneficiaries except as expressly stated.

23. Changes

We may update these Terms from time to time. Updates take effect when posted to the Site, with the Effective Date above revised. Material changes will, where required, be communicated by email. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

24. Contact

Questions about these Terms: hello@howdydrop.com.