Acceptance of Terms and Conditions
If you have any questions about these terms, contact MyOWLe at support@MyOWLeapps.com
- 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.
- Users. As part of our agreements with our Licensees, all users must be 13 years of age and older.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.