TERMS OF USE

Acceptance of Terms and Conditions

By using the MyOWLe application (the “Application”), you ("you") agree to the terms and conditions in this Agreement between you and DRG Metrix, LLC doing business as MyOWLe (hereinafter, “MyOWLe”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Application.

The Application is for use by subscribers of the MyOWLe licensed software. MyOWLe reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If MyOWLe make changes to this Terms of Use and/or Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

If you have any questions about these terms, contact MyOWLe at support@MyOWLeapps.com

General Information

  1. Account. While anyone can download the Application, you can only use the Application through an organization, company, and/or entity who has purchased a license to use the Application (a “Licensee”). You agree and acknowledge that you will not use the Application in any way that is a violation of the agreement between Licensee and MyOWLe or in violation of your local, state, or federal laws.
  2. Users. As part of our agreements with our Licensees, all users must be 13 years of age and older.
  3. Modified Terms. MyOWLe reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy as MyOWLe deems necessary or desirable without prior notification to you, provided, however, that any changes to our terms will not be valid if the change is in conflict with the Licensee’s agreement with MyOWLe. Such changes may include, among other things, the adding or the deletion of certain rights, changes to the availability and terms of use for the Application, and the requirement of more information to use the Application. If MyOWLe makes changes to our Terms of Use and/or Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon MyOWLe’s posting thereof.
  4. Conflicts in Agreements. You agree and acknowledge that if there is a conflict between these Terms of Use and the agreement between Licensee and MyOWLe, the agreement between Licensee and My OWLe will prevail. As a user authorized to use this Application by Licensee, you agree and acknowledge that you will abide by all terms of the agreement between Licensee and MyOWLe.

Account Information

  1. Account Features. Unless otherwise agreed to in the Licensee agreement, MyOWLe shall have the right at any time to change or discontinue any aspect or feature of MyOWLe, including, but not limited to: the type of information that you must provide in order to use the Application, the ability to have your certain categories or information through the Application, the length of time content is available, and the equipment or software needed for access or use of the Application. MyOWLe may discontinue or eliminate features on the Application, change or eliminate any transmission method of change transmission speeds or other signal characteristics on the Application. Further, MyOWLe may request additional information at any time from you to enhance the benefits and/or use of the Application.
  2. Account Information. Information about you may be released to MyOWLe and/or the Licensee, including, but not limited to, your location, information about your use of the Application, information about the device and network that you use, and information that you make available based on your preferences on your device.
  3. Termination. You may terminate your use of the Application at any time. All information associated with your account will be stored as agreed to between MyOWLe and Licensee.
  4. Termination by MyOWLe. Except as agreed to with Licensee, MyOWLe may terminate this Agreement at any time for any reason and may terminate any users for breach of these terms.

Use of Application

  1. Your Use of the Application. You may use the Application only as permitted by these Terms of Use, as agreed to by Licensee, and only in a manner consistent with all applicable local, state, and federal laws, rules, and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. MyOWLe reserves the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use the Application in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Application; (c) not to use automated scripts to collect information from or otherwise interact with the Application; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MyOWLe on or through the Application or any service offered on or through the Application; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person, (f) not independently, or through a third party, adopt, copy, merge, or otherwise duplicate the functionality of the Application
  2. User Communications and User Content. By submitting material through our website or through the Application to MyOWLe specifically to MyOWLe (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Application or by private transmission, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity.  Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted MyOWLe a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant MyOWLe the right to edit, copy, publish and distribute any material made available on this Application by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that MyOWLe may use any User Communication for any purpose in its sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that MyOWLe shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. MyOWLe has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to MyOWLe to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
  3. Application Specific Content. For any content that you provide through the Application for use by the Licensee, the ownership of such content shall belong to the Licensee unless otherwise agreed to by MyOWLe and Licensee with the exception that MyOWLe.com may, in its sole discretion, aggregate and share non-identifying data collected from users and Licensee.
  4. Privacy. MyOWLe cares about the privacy of our users. Please view MyOWLe’s Privacy Policy, which is incorporated into this Agreement.
  5. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of MyOWLe. While MyOWLe makes reasonable precautions against loss or theft of data, MyOWLe shall not be responsible for any data lost or stolen while transmitting information on the Internet.

Intellectual Property

  1. Copyright. All content on the Application, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Application Content"), are the proprietary property of MyOWLe with all rights reserved. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MyOWLe’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Application contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MyOWLe protected by copyright as a collective work under the United States copyright laws. You agree that you will not use any material from MyOWLe except through the Application without written permission of MyOWLe.
  2. Trademarks. MyOWLe, MyOWLe.com, and DRG Metrix are trademarks of DRG Metrix, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MyOWLe are the property of their respective owners. Trademarks that are located on the Application shall not be deemed to be in the public domain but rather the exclusive property of DRG Metrix, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of MyOWLe, unless otherwise stated.

Third Party Sites

  1. Third Party Websites and Content. The Application may contains links to other websites and downloadable applications ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications to be downloaded, and/or items belonging to or originating from third parties or from Licensee (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by MyOWLe. MyOWLe is not responsible for any Third Party Sites accessed through the Application or any content posted by other users on this Application or any Third Party Sites regarding MyOWLe. If you decide to leave the Application and access the Third Party Sites, you do so at your own risk and you should be aware that MyOWLe’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Application.
  2. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of MyOWLe. Neither MyOWLe nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Warranties and Disclaimers

  1. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK. IN NO EVENT WILL MYOWLE OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APPLICATION. NEITHER MYOWLE, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS APPLICATION, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS APPLICATION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT MYOWLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL MYOWLE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS APPLICATION OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APPLICATION. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS APPLICATION.
  2. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MYOWLE, NOR ITS AFFILIATES, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  3. As-Is Basis. USE OF THIS APPLICATION IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  4. Limitation of Liability. MYOWLE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $5.00 OR THE AMOUNT PAID TO MYOWLE PERSONALLY BY YOU, WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO MYOWLE BY YOU PERSONALLY, EVEN IF FEES ARE PAID BY LICENSEE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MYOWLE, REGARDLESS OF THE CAUSE OF ACTION.
  5. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Miscellaneous

  1. Waiver. The waiver by MyOWLe of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by MyOWLe.
  2. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  3. Governing Law; Venue and Jurisdiction. By using this Application, you agree that the laws of the State of Colorado in the United States, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MyOWLe or any of MyOWLe’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, United States and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
  4. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should MyOWLe prevail, you will reimburse MyOWLe’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which MyOWLe may be entitled, including, but not limited to, any costs of collection. 
  5. Indemnity. You agree to indemnify and hold MyOWLe, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Application, any information that you submit to the Application, any information that you submit to MyOWLe, your conduct in connection with the Application or any violation of this Agreement or of any law or the rights of any third party.