OWLMI TERMS OF SERVICE
Last Updated: January 18, 2023
These Terms of Service (“Terms”) apply to your access to and use,
either as
a Professional (as defined below) or user of (i) the website located at
http://owlmi.com/index.html (or any successor links) and all associated web
pages, websites, and social media pages (the “Site”) provided by Owlmi, Inc.
(“OWLMI”, “we”, “our” or
“us”), (ii) mobile applications that may be
downloaded to your smartphone or tablet (each an “App”), or (iii)
online
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF
DISPUTES DESCRIBED IN SECTION 20, (II) WHERE YOU EXERCISE
YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN
SECTION 20, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES
BETWEEN YOU AND OWLMI WILL BE RESOLVED SOLELY ON AN
INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS
ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY
JURY TRIAL. If you do not agree to these Terms, do not use our
Services.
We may indicate that different or additional terms, conditions, guidelines,
policies, or rules apply in relation to some of our Services (“
Supplemental
Terms
”). Any Supplemental Terms become part of your agreement with us if
you use the applicable Services, and if there is a conflict between these
Terms and the Supplemental Terms, the Supplemental Terms will control for
that conflict.
We may make changes to these Terms. The “Last Updated” date above
indicates when these Terms were last changed. If we make future changes,
we may provide you with notice of such changes, such as by sending an
email, providing a notice through our Services, or updating the date at the
top of these Terms. Unless we say otherwise in our notice, the amended
Terms will be effective immediately, and your continued use of our Services
after we provide such notice will confirm your acceptance of the changes. If
you do not agree to the amended Terms, you must immediately stop using
our Services.
1. Eligibility and Use Restrictions
(a) Jurisdiction. You may only use our Services in jurisdictions authorized by
OWLMI.
(b) Age. Users under 18 years of age (or the age of legal majority where you
live) may only use our Services under the supervision of a parent or legal
guardian who agrees to be bound by these Terms. The parent or legal
guardian of a user under the age of 18 (or the age of legal majority) is
fully responsible for the acts or omissions of such user in relation to our
Services. If you are a parent or legal guardian and you believe that your
child under the age of 18 is using our Services without your consent,
please contact us at contact@owlmi.com.
(c) Use and Sharing. You may only use our Services for personal, family or
household purposes and expressly excluding any commercial use.
2. Your Information
You may provide certain information to OWLMI in connection with your
access or use of our Services, or we may otherwise collect certain
information about you when you access or use our Services. You agree to
receive emails, SMS or text messages, and other types of communication
from OWLMI via the Services using the email address or other contact
information you provide in connection with the Services. You represent and
warrant that any information that you provide to OWLMI in connection with
the Services is accurate.
For information about how we collect, use, share and otherwise process
information about you, please see our Privacy Policy
3. Accounts
You must create an account with OWLMI in order to use some or all of our
Services. You may not share or permit others to use your individual account
credentials, unless we otherwise give you permissions. You will promptly
update any information contained in your account if it changes. You must
use a strong password for your account that is unique to our Services and
not used by you in any other website or online service. You must maintain
the security of your account, as applicable, and promptly notify us if you
discover or suspect that someone has accessed your account without your
permission. We reserve the right to reject, require that you change, or
reclaim usernames, including on behalf of businesses or individuals that hold
legal title, including trademark rights, in those usernames.
4. Professionals and Rating
(a) “Professional” refers to users who answer questions posed by
other
users on the Services in their capacity as a professional who makes
available their services on the Site. The Services are a venue for
informational and educational purposes, owned and operated by OWLMI, hat brokers
relationships between Professionals and users who are
interested in purchasing Professional’s services. OWLMI is not in the
business of providing or selling information or education that is within any
Professional’s area of expertise. Professionals determine which questions
to answer; Professionals are not employees or agents of OWLMI but are
independent service providers using the Site to sell their knowledge to
user and, as such, together with users, are simply users of the Services.
OWLMI does not guarantee that you will receive a response from a
Professional, or that you will be satisfied with your communication with a
Professional.
(b)Rating Professionals. Users will be able to rate Professionals based on
their interactions with and Services they receive from Professionals.
(c) EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding
medical or mental health issues) should not be directed to the Site and
should, instead be directed immediately by telephone or in-person to
qualified professionals (e.g. in the U.S., call 911). The Services not the
appropriate venue to deal with such situations.
5. Verification; No Reliance on the Term “Professional”
(a) Information about a Professional has been provided by the Professional
but has not been verified (unless otherwise indicated). Use of the term
“Professional” by OWLMI and on the Services are only meant to describe
users who answer questions on the Services, and not to guarantee any
particular level of expertise of these Professionals.
(b)OWLMI makes effort to verify, but cannot warrant or guarantee a
Professional's purported identity; user identification on the Internet is
difficult. For these reasons, OWLMI cannot and does not represent,
warrant or guarantee the truthfulness or accuracy of the credentials or
identities of users and information provided by users including
Professionals. You acknowledge that OWLMI will not be liable for any loss
or damages caused by your reliance on any information or content
contained in Professional Third Party Content.
6. Information Not Advice; No Client-Professional Relationship
(a)
Answers of Professionals on the Services are provided by
Professionals and are to be used by users for general information
purposes only, not as a substitute for in-person evaluation or
specific professional (e.g., medical, legal, veterinary, tax,
financial, etc.) advice.
For example, Professionals in the Legal category
will provide only general information about the law and will not provide legal
advice nor propose a specific course of action for a user. By
answering questions, Professionals do not intend to form, and do not form
attorney-client or doctor-patient relationships with users. The laws,
regulations, other governing authorities, standards, practices, and
procedures that apply to your particular question may differ depending on
your location and information typically discovered through in-person
evaluations or visits. Professionals in some categories may be licensed,
certified, educated, employed by, or have experience in only particular
jurisdictions.
(b)
No professional-client relationships shall be formed on the
Site.
Communications on the Services are not confidential and shall not
be the subject of any associated privileges. Communications on the
Services are limited, as described above, do not involve in-person
evaluations or visits, and do not include safeguards and procedures
typical of in-person evaluations and visits.
(c) Before you can interact with a Professional, you will be required to agree
to a disclaimer reminding you of your agreement to these Terms.
7. User Content
(a) Our Services may allow you and other users to create, post, store, and
share content, including reviews, messages, text, photos, videos,
software, and other materials (collectively, “User Content”). If
you post
or otherwise share User Content on or through our Services, you
understand that your User Content and any associated information (such
as your username or profile photo) may be visible to others.
If you
choose to make any of your information publicly available
through the Services, you do so at your own risk.
(b) Except for the license you grant below, as between you and OWLMI, you
retain all rights in and to your User Content, excluding any portion of the
Services included in your User Content. You grant OWLMI and our end
users a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully
paid, and sublicensable (through multiple tiers) license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
publicly or otherwise perform and display, and exploit your User Content
and any name, username or likeness provided in connection with your
User Content in all media formats and channels now known or later
developed without compensation to you or any third party. You hereby
irrevocably waive any “moral rights” or other rights with respect to
attribution of authorship or integrity of materials regarding User Content
that you may have under any applicable law or under any legal theory.
(c) You may not create, post, store, or share any User Content for which you
do not have all the rights necessary to grant us the license described
above, and you represent and warrant that your User Content, and our
use of such User Content as permitted by these Terms, will not violate
any rights of any person or entity, including any third-party rights, or
cause injury to any person or entity. You may not create, post, store, or
share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or
publicity rights, abusive, inflammatory, or fraudulent;
- Would constitute, encourage, or provide instructions for a criminal
offense, violate the rights of any party or otherwise create liability, or
violate any local, state, national, or international law;
- May infringe any patent, trademark, trade secret, copyright, or other
intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks, or claims that do not
reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or
entity;
- Contains any unsolicited promotions, political campaigning,
advertising, or solicitations;
- Contains any private or personal information of a third party without
such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive, or
destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other
person from using or enjoying our Services, or may expose OWLMI or
others to any harm or liability of any type.
(d) Enforcement of this Section 7 is solely at OWLMI’s discretion, and failure
to enforce this section in some instances does not constitute a waiver of
our right to enforce it in other instances. This Section 7 does not create
any right or private right of action on the part of any third party or any
reasonable expectation that the Services will not contain any content that
is prohibited by these Terms or that objectionable material will be
promptly removed after it has been posted. For more information on our
user content standards and expectations please see our User Generated
Content Policy.
(e) We do not undertake to review all User Content, and we expressly
disclaim any duty or obligation to undertake any monitoring or review of
any User Content. Although we have no obligation to screen, edit, or
monitor User Content, we may:
- Delete or remove User Content or refuse to post any User Content at
any time and for any reason with or without notice, including without
limitation for any violations of applicable law or these Terms;
- Terminate or suspend your access to all or part of the Services,
temporarily or permanently, if your User Content is reasonably likely,
in our sole determination, to violate applicable law or these Terms;
- Take any action with respect to your User Content that is necessary or
appropriate, in OWLMI’s sole discretion, to ensure compliance with
applicable law and these Terms, or to protect Company’s rights, or to
protect any third-party rights, including third-party intellectual property
and privacy rights (e.g., providing information to copyright owners in
furtherance of Digital Millennium Copyright Act takedown requests);
- As permitted by law, cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the
identity or other information of anyone posting any User Content on or
through the Services.
8. Prohibited Conduct
(a) You will not use our Services if you are not eligible to use our Services in
accordance with Section 1 and will not use our Services other than for
their intended purpose. Further, you will not, in connection with our
Services:
- Violate any applicable law, contract, intellectual property right, or
other third-party right or commit a tort;
- Engage in any harassing, threatening, intimidating, predatory, or
stalking conduct;
- Use or attempt to use another user’s account or information without
authorization from that user and OWLMI;
- Impersonate or post on behalf of any person or entity or otherwise
misrepresent your affiliation with a person or entity;
- Sell or resell our Services;
- Copy, reproduce, distribute, publicly perform, or publicly display all or
portions of our Services, except as expressly permitted by us or our
licensors;
- Modify our Services, remove any proprietary rights notices or
markings, or otherwise make any derivative works based upon our
Services;
- Use our Services in any manner that could interfere with, disrupt,
negatively affect, or inhibit other users from fully enjoying our Services
or that could damage, disable, overburden, or impair the functioning of
our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might
discover or reveal source code, or bypass or circumvent measures
employed to prevent or limit access to any part of our Services;
- Use any data mining, robots, or similar data gathering or extraction
methods designed to scrape or extract data from our Services except
in accordance with instructions contained in our robot.txt file and only
to compile for search results, provided that grants to the operators of
public search engines permission to use spiders to copy materials from
the Site for the sole purpose of (and solely to the extent necessary for)
creating publicly available, searchable indices of such materials, but
not caches or archives of such materials. OWLMI reserves the right to
revoke such permission either generally or in specific cases, at any
time and without notice;
- Develop or use any applications or software that interact with our
Services without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial
electronic communications, chain letters, or pyramid schemes;
- Use our Services for any illegal or unauthorized purpose, or engage in,
encourage, or promote any activity that violates these Terms.
(b)Enforcement of this Section 8 is solely at OWLMI’s discretion, and failure
to enforce this section in some instances does not constitute a waiver of
our right to enforce it in other instances.
9. Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions
(collectively, “Promotions”) made available through the Services
may be
governed by rules that are separate from these Terms. If you participate in
any Promotions, please review the applicable rules as well as our
Privacy
Policy
. If the rules for a Promotion conflict with these Terms, the
Promotion rules will govern.
10. Payments
(a) General. We will facilitate payments for your use of our Services on our
Site or App through our third-party payment service provider. By continuing
to use our Services, you agree to be bound by these terms and the terms of
our third-party payment service provider that may be modified from time to
time. As a condition of receiving our Services, you agree to provide us with
accurate, complete, and up-to-date payment information. You acknowledge
that we do not perform payment processing services and is not a bank or
other depository institution, a money transmitter, payment institution, or a
money services business, and does not offer any banking, money
transmission, or payment services.
(b) Payment Process. As a User using our Services, you understand and
agree that your selected payment method will be charged in full for amounts
you owe once your booking with a Professional is confirmed by the
Professional. If the Professional does not confirm your booking within 24
hours of your booking request, a temporary hold placed on your selected
payment method will be released. We may suspend or cancel your ability to
make payments or refuse a refund request in our sole and absolute
discretion, including in the event we find evidence of fraud, abuse, or
unlawful or other behavior in violation of these Terms.
All payments and payment information and licensing information and
validation for us are handled by a third-party payment service provider. We
do not store your payment credentials; however, you acknowledge and
agree that our third-party payment service provider may store your payment
instrument information in accordance with their terms of service in order to
process your payments.
(c) Subscriptions. The Services may allow you to purchase access to content
on a subscription basis (a “Recurring Subscription”). When you opt
in to
enroll in a Recurring Subscription, you authorize us and our third-party
payment service provider to charge your selected payment method
automatically upon the renewal with no further action required by you. You
will be charged no more than 24 hours prior to the start of the latest Recurring
Subscription period. The length of your Recurring Subscription will
be provided when you make a booking.
In the event that we are unable to charge your selected payment method as
authorized by you when you enrolled in a Recurring Subscription, we may, in
our sole discretion, terminate your Recurring Subscription and suspend your
access to the booking series. If we cannot charge your payment method for
any reason and you have not canceled the Recurring Subscription, you
remain responsible for any uncollected amounts and we will attempt to
charge the payment method, which may result in a change to the start of a
Recurring Subscription period and the date on which you are billed for such
period.
Your Recurring Subscription will automatically renew unless you cancel it.
You may cancel your subscription by clicking on the cancellation button
available on our Site or App, or by emailing us at contact@owlmi.com with
the following template message:
“Hello,
I would like to cancel my subscription to (specify the service(s) you would
like to cancel).
• Name:
• Account Number:
Thank you.”
You may cancel a Recurring Subscription at any time, but if you cancel your
Recurring Subscription before the end of the current subscription period, we
will not refund any fees already paid to the Professional and us. Following
any cancellation, however, you will continue to have access to the applicable
content through the end of your current subscription period.
Professionals may change prices charged for Recurring Subscriptions at any
time. We will notify you of updated pricing in advance, electronically through
our Site or App; provided, however, that the prices for your Recurring
Subscription will remain in force for the duration of the subscription period
for which you have paid. After that period ends, you will be charged at the
then-current subscription price. If you do not agree to these price changes,
you must cancel your Recurring Subscription at least 10 days before the
changes take effect. If you do not cancel, your Recurring Subscription will
automatically renew at the then-current price at the time of renewal and for
the same duration as the initial subscription term, and we will charge your
selected payment method on the first day of the renewal of the subscription
term.
(d) Fees and Taxes. In connection with the use of our Services, you as a
Professional agree to pay certain fees to us in commission. You as a
Professional further acknowledge and agree that our third-party payment
service provider may charge transaction fees, as applicable. You are
responsible for all taxes associated with your use of our Services, other than
taxes based on our net income.
(e) Refunds. All sales and fees are final once submitted and may not be
cancelled or changed, except for errors as described in the Payment
Disputes section herein or as otherwise described in our Refund Policy, subject to our review of your
refund
request,
done on a case-by-case basis at our sole discretion.
(f) Payment Disputes. You agree that all requests for chargebacks, errors,
claims, refunds, and disputes (“Payment Disputes”) will be subject
to
review by us, in our sole discretion, in accordance with the rules applicable
to the payment method you used. We are not liable to you under any
circumstances for Payment Disputes we are unable to resolve in your favor.
We will process your valid written Payment Dispute request in accordance
with our terms or otherwise applicable law as soon as practicable. You may
file a Payment Dispute by emailing us at contact@owlmi.com. If you close
or deactivate your account before we adjudicate your Payment Dispute, we
may not be able to return any amounts you are owed. We will attempt to pay
you any Payment Dispute amounts you are owed using the method with
which you made the disputed payment, but we cannot guarantee that we will
be able to do so if your payment method information is inaccurate,
incomplete, cancelled or not available otherwise. We reserve the right to
restrict or suspend your access to our Services if we determine that your
account has been used to engage in deceptive, fraudulent, or illegal activity
or your actions result, or are likely to result in a Payment Dispute, a violation
of these terms, or create other risks to us or our third-party payment service
provider.
11. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos,
illustrations, and other content contained therein, and all intellectual
property rights therein and thereto, are owned by OWLMI or our licensors
and are protected under both United States and foreign laws. Except as
explicitly stated in these Terms, all rights in and to the Services, including all
intellectual property rights therein and thereto, are reserved by us or our
licensors. Subject to your compliance with these Terms (including Sections 7
and 8), you are hereby granted a limited, nonexclusive, nontransferable,
non-sublicensable, revocable license to access and use our Services for your
own personal, noncommercial use and solely with respect to any applications
included in the Services, install and use such application on a mobile or
personal device that you own or control. Any use of the Services other than
as specifically authorized herein, without our prior written permission, is
strictly prohibited and will terminate the license granted herein and violate
our intellectual property rights.
12. Trademarks
OWLMI, our trademarks, and our logos, product or service names, slogans,
and the look and feel of the Services are trademarks of OWLMI and may not
be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names, and
company names or logos mentioned on or in connection with the Services
are the property of their respective owners. Reference to any products,
services, processes, or other information by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply
endorsement, sponsorship, or recommendation by us.
13. Feedback
You may voluntarily post, submit, or otherwise communicate to us any
questions, comments, suggestions, ideas, original or creative materials, or
other information about OWLMI or our Services (collectively,
“Feedback”).
You understand that we may use such Feedback for any purpose,
commercial or otherwise, without acknowledgment or compensation to you,
including to develop, copy, publish, or improve the Feedback or Services, or
to improve or develop new products, services, or the Services in OWLMI’s
sole discretion. OWLMI will exclusively own all improvements to, or new,
OWLMI products, services, or Services based on any Feedback. You
understand that OWLMI may treat Feedback as nonconfidential.
14. Repeat Infringer Policy; Copyright Complaints
(a) Our Policy. In accordance with the Digital Millennium Copyright
Act
(“DMCA”) and other applicable law, we have adopted a policy of
terminating, in appropriate circumstances, the accounts of users who
repeatedly infringe the intellectual property rights of others (our "
DMCA
Policy
").
(b)Reporting Claims of Copyright Infringement. If you believe that
any
content on our Services infringe any copyright that you own or control,
you may notify OWLMI’s designated agent (your notification, a “
DMCA
Notice
”) as follows:
Designated Agent: OWLMI c/o Alexander Sarnoff
Address: 100 S Cincinnati Ave, 5th Fl
Tulsa, OK 74119
Telephone Number: 310-402-8699
Email Address: contact@owlmi.com
Please see Section 512(c)(3) of the DMCA for the requirements of a proper
notification. If you fail to comply with all of the requirements of Section
512(c)(3) of the DMCA, your notice may not be effective. If you knowingly
materially misrepresent that any activity or material on our Services is
infringing, you may be liable to OWLMI for certain costs and damages.
15. Third-Party Content
(a) Our Services rely on or interoperate with third-party products and
services, including, without limitation, data storage services,
communications technologies, IoT platforms, third-party app stores, and
internet and mobile operators (collectively, “Third-Party
Materials”).
These Third-Party Materials are beyond our control, but their operation
may impact, or be impacted by, the use and reliability of our Services.
You acknowledge that (a) the use and availability of the Services is
dependent on third-party product vendors and service providers and (b)
these Third-Party Materials may not operate reliably 100% of the time,
which may impact the way that our Services operate.
(b)We may further provide information about or links to Professional and
other third-party products, services, activities, or events, or we may allow
third parties, including but not limited to Professionals, to make their
content, advice, and information available on or through the Services
(collectively, “Third-Party Content”). We provide Third-Party
Content as
a service to those interested in such content. Your dealings or
correspondence with third parties and your use of or interaction with any
Third-Party Content are solely between you and the third party.
(c) OWLMI is not involved in the conversations between you and the
Professionals. You understand and acknowledge that OWLMI cannot and
does not edit, modify, filter, screen, monitor, endorse or guarantee the
content of calls. OWLMI shall not be liable for any acts or omissions of
Professionals, content in Third-Party Content or the ability of Professionals
to answer questions. We cannot ensure that a Professional will complete a
transaction. Notwithstanding the foregoing, OWLMI reserves the right, but
is not obligated, to refuse to post or to remove any content and/or remove
your access to the Site.
(d) We have no obligation to monitor Third-Party Materials or Third-Party
Content, and we may block or disable access to any Third-Party Materials
or Third-Party Content (in whole or part) through our Services at any
time. Your access to and use of such Third-Party Content or Third-Party
Materials may be subject to additional terms, conditions, and policies applicable to
such Third-Party Content (including terms of service or
privacy policies of the providers of such Third-Party Materials). You are
responsible for obtaining and maintaining any computer hardware,
equipment, network services and connectivity, telecommunications
services, and other products and services necessary to access and use
the Services.
(e) You further acknowledge that no relationship (such as partnership, agent,
joint venturer, or employee) is created between you and OWLMI or
between any user and OWLMI by these Terms or by your participation on
the Services. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER
CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR
OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
16. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend,
and hold harmless OWLMI and our officers, directors, agents, partners, and
employees (individually and collectively, the “OWLMI Parties”) from
and
against any losses, liabilities, claims, demands, damages, expenses or costs
(“Claims”) arising out of or related to (a) your access to or use
of the
Services; (b) your User Content or Feedback; (c) your violation of these
Terms; (d) your violation, misappropriation, or infringement of any rights of
another (including intellectual property rights or privacy rights); or (e) your
conduct in connection with the Services. You will promptly notify OWLMI
Parties of any third-party Claims, cooperate with OWLMI Parties in defending
such Claims, and pay all fees, costs, and expenses associated with defending
such Claims (including attorneys' fees). The OWLMI Parties will have control
of the defense or settlement, at OWLMI's sole option, of any third-party
Claims. This indemnity is in addition to, and not in lieu of, any other
indemnities set forth in a written agreement between you and OWLMI or the
other OWLMI Parties.
17. Disclaimers
Your use of our Services and any content or materials provided
therein or therewith (including the Third-Party Content and Third-
Party Materials) is at your sole risk. Except as otherwise provided in
a writing by us and to the fullest extent permitted under applicable
law, our Services, and any content or materials provided therein or
therewith (including the Third-Party Content and Third-Party
Materials) are provided “as is” and “as available” without
warranties of any kind, either express or implied. OWLMI disclaims
all warranties with respect to the foregoing, including implied
warranties of merchantability, fitness for a particular purpose, title,
and non-infringement. In addition, OWLMI does not represent or
warrant that our Services or any content provided therein or
therewith (including the Third-Party Content and Third-Party
Materials) are accurate, complete, reliable, current, or error-free or
that access to our Services or any content provided therein or
therewith (including the Third-Party Content and Third-Party
Materials) will be uninterrupted. While OWLMI attempts to make
your use of our Services and any content provided therein or
therewith (including the Third-Party Content and Third-Party
Materials) safe, we cannot and do not represent or warrant that our
Services or any content provided therein or therewith (including the
Third-Party Content and Third-Party Materials) or our servers are
free of viruses or other harmful components or content or materials.
You assume the entire risk as to the quality and performance of the
Services and any content provided therein or therewith (including
the Third-Party Content and Third-Party Materials). All disclaimers
of any kind (including in this section and elsewhere in these Terms)
are made for the benefit of OWLMI, OWLMI Parties, and OWLMI’s
respective shareholders, agents, representatives, licensors,
suppliers, and service providers, as well as their respective
successors and assigns.
UNDER NO CIRCUMSTANCES WILL OWLMI BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION
OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS
PROFESSIONALS OR OTHERS) OR A LINKED SITE, OR A USER’S
RELIANCE ON ANY SERVICE OBTAINED FROM A THIRD PARTY OR A
LINKED SITE. USE OF THE SERVICES IS AT USER’S SOLE RISK.
18 Limitation of Liability
(a) To the fullest extent permitted by applicable law, OWLMI and
the other OWLMI Parties will not be liable to you under any
theory of liability—whether based in contract, tort, negligence,
strict liability, warranty, or otherwise—for any indirect,
consequential, exemplary, incidental, punitive, or special
damages or lost profits, even if OWLMI or the other OWLMI
Parties have been advised of the possibility of such damages.
(b) The total liability of OWLMI and the other OWLMI Parties for
any claim arising out of or relating to these Terms or our
Services, regardless of the form of the action, is limited to the
greater of $500 or the amount paid by you to use our Services
giving rise to the claim.
(c) The limitations set forth in this Section 18 will not limit or
exclude liability for the gross negligence, fraud, or intentional
misconduct of OWLMI or the other OWLMI Parties or for any other
matters in which liability cannot be excluded or limited under
applicable law. Additionally, some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so
the above limitations or exclusions may not apply to you.
19. Release
To the fullest extent permitted by applicable law, you release OWLMI and the
other OWLMI Parties from responsibility, liability, claims, demands, and/or
damages (actual and consequential) of every kind and nature, known and
unknown (including claims of negligence), arising out of or related to
disputes between users and the acts or omissions of third parties. If you are
a consumer who resides in California, you hereby waive your rights under
California Civil Code § 1542, which provides: “A general release does not
extend to claims that the creditor or releasing party does not know or
suspect to exist in his or her favor at the time of executing the release and
that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.”
20 Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU
AND OWLMI TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND
LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH
OTHER. ARBITRATION PRECLUDES YOU AND OWLMI FROM SUING IN
COURT OR HAVING A JURY TRIAL. YOU AND OWLMI AGREE THAT
ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT
AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF
REPRESENTATIVE PROCEEDING. OWLMI AND YOU ARE EACH
WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF
THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO
CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE
ALLOWED UNDER THIS ARBITRATION AGREEMENT.
(a) Informal Dispute Resolution Prior to Arbitration. For any
dispute or
claim that you have against OWLMI, that OWLMI has against you, or that
you have or OWLMI has arising from or relating to these Terms, our
Services, or any aspect of the relationship between you and OWLMI as
relates to these Terms, our Services, including any privacy or data
security claims, (collectively, “Claims”, and each a
“Claim”), you and OWLMI agree to attempt to first resolve the Claim
informally via the
following process:
- If you assert a Claim against OWLMI, you will first contact OWLMI by
sending a written notice of your Claim (“Claimant Notice”) to
OWLMI by certified mail addressed to OWLMI, 100 S Cincinnati Ave,
Fl 5, Tulsa, OK 74119 or by email to contact@owlmi.com. The
Claimant Notice must (i) include your name, residence address,
email address, and telephone number; (ii) describe the nature and
basis of the Claim; and (iii) set forth the specific relief sought.
- If OWLMI asserts a Claim against you, OWLMI will first contact you
by sending a written notice of OWLMI’s Claim (“OWLMI Notice”),
and each of a Claimant Notice and OWLMI Notice, a “Notice”) to
you via email to the primary email address associated with your
account. The OWLMI Notice must (i) include the name of a OWLMI
contact and the contact’s email address and telephone number; (ii)
describe the nature and basis of the Claim; and (iii) set forth the
specific relief sought.
- If you and OWLMI cannot reach an agreement to resolve the Claim
within thirty (30) days after you or OWLMI receives such a Notice,
then either party may submit the Claim to binding arbitration as set
forth below. The statute of limitations and any filing fee deadlines
shall be tolled for thirty (30) days from the date that either you or
OWLMI first send the applicable Notice so that the parties can
engage in this informal dispute-resolution process.
(b) Claims Subject to Binding Arbitration; Exceptions. Except for
individual disputes that qualify for small claims court, all Claims, whether
based in contract, tort, statute, fraud, misrepresentation, or any other
legal theory, that are not resolved in accordance with Section 20(a) will be
resolved by a neutral arbitrator through final and binding arbitration
instead of in a court by a judge or jury. Such Claims include, without
limitation, disputes arising out of or relating to interpretation or
application of this arbitration provision, including the enforceability,
revocability, or validity of the arbitration provision or any portion of the
arbitration provision. The arbitrator will have the authority to grant any
remedy or relief that would otherwise be available in court.
(c) Federal Arbitration Act. These Terms affect interstate commerce,
and
the enforceability of this Section 20 will be substantively and procedurally
governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the
extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the
arbitrator will have exclusive authority to make all procedural
and substantive decisions regarding any dispute and to grant any remedy
that would otherwise be available in court, including the power to
determine the question of arbitrability.
(d) Arbitration Procedure (Consumers). All Claims must be submitted
to
the American Arbitration Association (the “AAA”) and will be
resolved
through binding arbitration before one arbitrator. The AAA administers
arbitration pursuant to the due process standards set forth by the AAA
and rules set forth by the AAA. Such rules are further described below:
-
If you are an individual using the Services for your personal
use, you are a “Consumer”, and the then-current version of
the AAA’s Consumer Arbitration Rules, which are available on
the AAA’s website (adr.org), as amended by these Terms as
follows, will apply to any arbitration between you and OWLMI:
- YOU AND OWLMI AGREE THAT ANY ARBITRATION UNDER THESE
TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND
YOU AND OWLMI ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct
only an individual arbitration and, except as described below for
the additional procedures to govern if twenty-five (25) or more
similar or coordinated claims are asserted against OWLMI or you
by the same or coordinated counsel, may not consolidate more
than one individual’s claims, preside over any type of class or
representative proceeding, or preside over any proceeding
involving more than one individual.
- For any arbitration you initiate, you will pay the consumer filing
fee, and OWLMI will pay the remaining AAA fees and costs. For
any arbitration initiated by OWLMI, OWLMI will pay all AAA fees
and costs.
- For all arbitrations where the Claims asserted are $25,000 or
less, the arbitration shall be resolved according to the AAA’s
Procedures for the Resolution of Disputes through Document
Submission, and for all other arbitrations the following procedure
will apply: (i) the arbitrator will conduct hearings, if any, by
teleconference or videoconference, rather than by personal
appearances, unless the arbitrator determines upon request by
you or by us that an in-person hearing is appropriate; (ii) any in-
person appearances will be held at a location that is reasonably
convenient to both parties with due consideration of their ability
to travel and other pertinent circumstances, and (iii) if the parties
are unable to agree on a location, such determination will
be made by the AAA or by the arbitrator.
- f you or OWLMI submits a dispute to arbitration and the
arbitrator orders any exchange of information, you and OWLMI
agree to cooperate to seek from the arbitrator protection for any
confidential, proprietary, trade secret, or otherwise sensitive
information, documents, testimony, and/or other materials that
might be exchanged or the subject of discovery in the
arbitration. You and OWLMI agree to seek such protection before
any such information, documents, testimony, and/or materials
are exchanged or otherwise become the subject of discovery in
the arbitration.
- The arbitrator’s decision will follow these Terms and will be final
and binding. The arbitrator will have authority to award
temporary, interim or permanent injunctive relief or relief
providing for specific performance of these Terms, but only to
the extent necessary to provide relief warranted by the
individual claim before the arbitrator. The award rendered by the
arbitrator may be confirmed and enforced in any court having
jurisdiction thereof. Notwithstanding any of the foregoing,
nothing in these Terms will preclude you from bringing issues to
the attention of federal, state or local agencies and, if the law
allows, they can seek relief against us for you.
- The AAA Supplementary Rules for Multiple Case Filings and the
AAA Multiple Consumer Case Filing Fee Schedule will apply if
twenty-five (25) or more similar claims are asserted against
OWLMI or against you by the same or coordinated counsel or are
otherwise coordinated.
- In addition to the application of the AAA Supplementary
Rules for Multiple Case Filings and the AAA Multiple
Consumer Case Filing Fee Schedule, you and OWLMI
understand and agree that when twenty-five (25) or more
similar claims are asserted against OWLMI or you by the
same or coordinated counsel or are otherwise coordinated
resolution of your or OWLMI’s Claim might be delayed.
- For such coordinated actions, you and OWLMI also agree to
the following coordinated bellwether process. Counsel for
claimants and counsel for OWLMI shall each select ten (10)
cases (per side) to proceed first in individual arbitration
proceedings. The remaining cases shall be deemed filed for
purposes of the statute of limitations but not for the
purpose of assessing AAA fees. No AAA fees shall be assessed in connection
with those cases until they are
selected to proceed to individual arbitration proceedings as
part of a bellwether process. If the parties are unable to
resolve the remaining cases after the conclusion of the
initial twenty (20) proceedings, each side shall select
another ten (10) cases (per side) to proceed to individual
arbitration proceedings as part of a second bellwether
process.
- A single arbitrator shall preside over each case. Only one
case may be assigned to each arbitrator as part of a
bellwether process unless the parties agree otherwise.
- This bellwether process shall continue, consistent with the
parameters identified above, until all the claims included in
these coordinated filings, including your case, are
adjudicated or otherwise resolved.
- The statute of limitations and any filing fee deadlines shall
be tolled for claims subject to this bellwether process from
the time the first cases are selected for a bellwether
process until the time your or OWLMI’s case is selected for
a bellwether process, withdrawn, or otherwise resolved.
- A court shall have authority to enforce this paragraph and,
if necessary, to enjoin the mass filing or prosecution of
arbitration demands against OWLMI or you.
(e) One Year to Assert Claims. To the extent permitted by law, any
Claim by you or OWLMI relating in any way to these Terms, our
Services, or any aspect of the relationship between you and
OWLMI as relates to these Terms or our Services, must be filed
within one year after such Claim arises; otherwise, the Claim is
permanently barred, which means that you and OWLIM will not
have the right to assert the Claim.
Opting Out of Arbitration. You have the right to opt out of binding
arbitration within 30 days of the date you first accepted these Terms by
providing us with notice of your decision to opt-out via email at
contact@owlmi.com or by
certified mail addressed to OWLMI, 100 S
Cincinnati Ave, Fl 5, Tulsa, OK 74119. In order to be effective, the opt-out
notice must include your full name, mailing address, and email address.
The notice must also clearly indicate your intent to opt out of binding
arbitration. By opting out of binding arbitration, you are agreeing to
resolve disputes in accordance with Section 21.
(g) Rejection of Future Arbitration Changes. You may reject any
change
we make to Section 20 (except address changes) by personally signing
and sending us notice within 30 days of the change via email at
contact@owlmi.com or by
certified mail addressed to OWLMI, 100 S
Cincinnati Ave, Fl 5, Tulsa, OK 74119. If you do, the most recent version of
Section 20 before the change you rejected will apply.
(h) Severability. If any portion of this Section 20 is found to be
unenforceable or unlawful for any reason, including but not limited to
because it is found to be unconscionable, (i) the unenforceable or
unlawful provision will be severed from these Terms; (ii) severance of the
unenforceable or unlawful provision will have no impact whatsoever on
the remainder of this Section 20 or the parties’ ability to compel
arbitration of any remaining claims on an individual basis pursuant to this
Section 20; and (iii) to the extent that any claims must therefore proceed
on a class, collective, consolidated, or representative basis, such claims
must be litigated in a civil court of competent jurisdiction and not in
arbitration. The litigation of those claims will be stayed pending the
outcome of any individual claims in arbitration. Further, if any part of this
Section 20 is found to prohibit an individual claim seeking public
injunctive relief, that provision will have no effect to the extent such relief
is allowed to be sought out of arbitration, and the remainder of this
Section 20 will be enforceable.
21. Governing Law
Any Claims will be governed by and construed and enforced in accordance
with the laws of the State of Delaware, except to the extent preempted by
U.S. Federal Law, without regard to conflict of law rules or principles
(whether of the State of Delaware or any other jurisdiction) that would cause
the application of the laws of any other jurisdiction. If any Claim is not
subject to arbitration pursuant to Section 20, then the state and federal
courts located in the County of Tulsa, Oklahoma, will have exclusive
jurisdiction. You and Owlmi waive any objection to venue in any such courts.
If your local law requires that consumer contracts be interpreted subject to
local law and enforced in the courts of that jurisdiction, this section may not
apply to you only to the extent that local law conflicts with this section.
22. Modifying and Terminating Our Services
We reserve the right to modify our Services or to suspend or terminate
providing all or part of our Services at any time; charge, modify, or waive any
fees required to use the Services; or offer opportunities to some or all end
users of the Services. We may provide you with notice in advance of the
suspension or discontinuation of all or part of our Services, such as by
sending an email or providing a notice through our Services. All modifications and
additions to the Services will be governed by the Terms or Supplemental
Terms, unless otherwise expressly stated by OWLMI in writing. You also have
the right to stop using our Services at any time, and you may terminate
these Terms by ceasing use of our Services. We are not responsible for any
loss or harm related to your inability to access or use our Services.
23. Severability
If any portion of these Terms other than Section 20 is found to be
unenforceable or unlawful for any reason, including but not limited to
because it is found to be unconscionable, (a) the unenforceable or unlawful
provision will be severed from these Terms; (b) severance of the
unenforceable or unlawful provision will have no impact whatsoever on the
remainder of these Terms; and (c) the unenforceable or unlawful provision
may be revised to the extent required to render the Terms enforceable or
valid, and the rights and responsibilities of the parties will be interpreted and
enforced accordingly, so as to preserve the Terms and the intent of the
Terms to the fullest possible extent.
24. Export Control
You are responsible for compliance with United States export controls and for
any violation of such controls, including any United States embargoes or
other federal rules and regulations restricting exports. You represent,
warrant and covenant that you are not (a) located in, or a resident or a
national of, any country subject to a U.S. government embargo or other
restriction, or that has been designated by the U.S. government as a
“terrorist supporting” country; or (b) on any of the U.S. government lists of
restricted end users.
25. Miscellaneous
(a) OWLMI’s failure to exercise or enforce any right or provision of these
Terms will not operate as a waiver of such right or provision. These Terms
reflect the entire agreement between the parties relating to the subject
matter hereof and supersede all prior agreements, representations,
statements, and understandings of the parties. The section titles in these
Terms are for convenience only and have no legal or contractual effect.
Use of the word “including” will be interpreted to mean “including without
limitation.” Except as otherwise provided herein, these Terms are
intended solely for the benefit of the parties and are not intended to
confer third-party beneficiary rights upon any other person or entity.
Communications and transactions between us may be conducted
electronically.
(b)If you have a question or complaint regarding the Services, please send
an email to contact@owlmi.com. You may also
contact us by writing to
OWLMI, 100 S Cincinnati Ave, Fl 5, Tulsa, OK 74119, or by calling us at
310-402-8699. Please note that email communications will not necessarily
be secure; accordingly, you should not include payment card information
or other sensitive information in your email correspondence with us.
Further, under California Civil Code Section 1789.3, California consumers
are entitled to the following specific consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at
1625 North Market Boulevard, Suite N-112, Sacramento, California 95834,
or by telephone at 1 (800) 952-5210.
26. Additional Terms Applicable to Mobile Devices
The following terms apply if you install, access, or use the Services on any
device that contains the iOS mobile operating system (the “iOS
App”)
developed by Apple Inc. (“Apple”).
The following terms apply if you install, access, or use the Services on any
device that contains the Android mobile operating system (the “
Android
App
”) developed by Google, Inc. (“Google”):
- (j) You acknowledge that these Terms are between you and us only, and
not with Google.
- (k) Your use of our Android App must comply with Google’s then-current Android
Market Terms of Service.
- (l) Google is only a provider of the Android Market where you obtained
the Android App. We, and not Google, are solely responsible for our
Android App and the Services and content available thereon. Google
has no obligation or liability to you with respect to our Android App or
these Terms.
- (m) Google is a third-party beneficiary to the Terms as they relate to
our Android App.
