Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
THESE TERMS OF USE WERE LAST UPDATED ON MAY 11, 2008
1. ACCEPTANCE OF TERMS
Owlnotes.com, LLC ("Owlnotes," "we," "us") provides the online resources available at Owlnotes.com and all related services (collectively, the "Site") subject to the following Terms of Use (the "Terms of Use"). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. Should you object to any term or condition of these Terms of Use or any subsequent modifications thereto or become dissatisfied with Owlnotes in any way, your only recourse is to immediately discontinue use of the Site.
2. MODIFICATIONS TO THE TERMS
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms of Use at:
http://www.owlnotes.com/helpCenter/1/Terms_of_Use
3. OWNERSHIP AND RESTRICTIONS ON USE
©2007-2008 Owlnotes.com, LLC. All rights reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission, except you may download one copy of such material on any single computer for your personal, non-commercial use only, provided you keep intact, without change, all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
If you download any software from the Site, such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title, and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
"Owlnotes.com" and the Owl logo are service marks of Owlnotes. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
4. USER CODE OF CONDUCT
You are solely responsible for the content of your communications with other users of the Site and/or Software. While using the Site and/or Software, you agree to comply with all applicable laws, rules and regulations.
While using the Site and/or Software, you agree not to:
(A) Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
(B) Use the Site or Software for any unlawful purpose;
(C) Express or imply that any statements you make are endorsed by us, without our prior written consent;
(D) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
(E) Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
(F) "Frame" or "mirror" any part of the Site without our prior written authorization;
(G) Link to any page of or material on the Site other than the URL located at http://www.owlnotes.com;
(H) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
(I) Harvest or collect information about Site visitors or members without their express consent;
(J) Transmit:
(i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;
(ii) any material, non-public information about companies without the authorization to do so;
(iii) any trade secret of any third party;
(iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding; or
(v) any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.
5. GRAPHIC LINKS
Each Owlnotes graphic link on the Site is provided solely as an indicator of a link to the Site. If your use of our graphic links meets these Terms of Use, no further written permission is required and you may download our graphic links for use in accordance with these Terms of Use. By downloading or using one of the graphic links or a text link to the Site, you agree to adhere to the following guidelines:
(A) You may only display our graphic links on your website, not in any other manner, and the graphic link must always be an active link to http://www.owlnotes.com;
(B) The graphic link must appear by itself, with a minimum spacing (the height of the graphic link) between each side of the graphic link and any other graphic or textual elements on your web page;
(C) You may not alter the graphic link in any manner, including size, proportions, colors, elements, etc., or animate, morph, or otherwise distort its perspective or appearance;
(D) You may not create a frame or border environment around Owlnotes's content;
(E) You may link to, but may not replicate, Owlnotes's content;
(F) Your use may not be obscene or pornographic, and may not be disparaging, defamatory, or libelous to Owlnotes, any of its services, or any other person or entity. You may not link to the Site from a Web site that is obscene or pornographic, or disparaging, defamatory, or libelous to Owlnotes or any of its services;
(G) Your use may not directly or indirectly imply Owlnotes's sponsorship, affiliation, or endorsement of your product or service;
(H) Your use may not infringe any of Owlnotes's intellectual property or other rights, may not violate any state or federal laws, and must comply with international intellectual property laws;
(I) You may not present false or misleading information about Owlnotes or its services;
(J) Your reference to Owlnotes, its services, and its Web site must not violate our trademark rights;
(K) While you may use the graphic links as provided by these Terms of Use, you may not use the Owlnotes corporate logo or any other Owlnotes logo or graphic to link to the Site; and
(L) These Terms of Use do not grant permission to use any other Owlnotes logos or trademarks. Owlnotes reserves the right in its sole discretion to terminate or modify your permission to display our graphic links at any time.
6. FLYERS
If your use meets these Terms of Use, no further written permission is required to download and use the flyers we make available on the Site in accordance with these Terms of Use. By downloading or using one of our flyers, you agree to adhere to the following guidelines:
(A) You may not post the flyer in any location or manner not authorized by the owners and/or managers of such location;
(B) You may not alter the flyer in any way;
(C) Your use may not be obscene or pornographic, and may not be disparaging, defamatory, or libelous to Owlnotes, any of its services, or any other person or entity;
(D) Your use may not directly or indirectly imply Owlnotes's sponsorship, affiliation, or endorsement of your product or service;
(E) Your use may not infringe any of Owlnotes's intellectual property or other rights, may not violate any state or federal laws, and must comply with international intellectual property laws; and
(F) These Terms of Use do not grant permission to use any other Owlnotes logos or trademarks. Owlnotes reserves the right in its sole discretion to terminate or modify your permission to use our flyers at any time.
7. THIRD PARTY WEB SITES, SERVICES AND SOFTWARE
We may link to, or promote, Web sites, or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those Web sites, services and software. Under no circumstance will Owlnotes be liable for any goods, services, resources or content available through such third party Web sites, or for any harm related thereto. Please review carefully all third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to such third party Web sites should be directed to the third party.
8. PRIVACY POLICY
Certain information about you is subject to our Privacy Policy. You understand that through your use of the Site, you consent to the collection and use of this information as set forth in the Privacy Policy. For more information, see our full Privacy Policy at:
http://www.owlnotes.com/helpCenter/4/Privacy_Policy.
9. USER FEEDBACK
Owlnotes is pleased to hear from its loyal users and welcomes your feedback and ideas regarding our Web site. If you choose to send us suggestions, ideas, notes, concepts or other information (the “Feedback”), you agree that the Feedback shall be deemed to be, and shall remain, the property of Owlnotes, that you will receive no consideration of any sort, and that you are waiving any claim against Owlnotes and its affiliates regarding the use of such Feedback. None of the Feedback shall be subject to any obligation of confidence on the part of Owlnotes, and Owlnotes shall not be liable for any use or disclosure of the Feedback. Without limitation of the foregoing, Owlnotes shall exclusively own all now known or hereafter existing rights in the Feedback submitted. Please do not send Feedback to Owlnotes if you do not agree to these terms.
10. DISCLAIMERS
YOU AGREE YOUR USE OF AND RELIANCE ON THE SITE AND ANY MATERIALS AND SOFTWARE PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE, THE MATERIALS ON THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWLNOTES AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. OWLNOTES AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES OWLNOTES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SOFTWARE. NO OPINION, ADVICE, OR STATEMENT OF OWLNOTES OR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INTERVIEWEES, REPORTERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
11. LIMITATION OF LIABILITY
NEITHER OWLNOTES NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE ACCESSED OR PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OWLNOTES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
12. ERRORS IN ADVERTISEMENTS
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers, suppliers or sponsors, you agree Owlnotes is not responsible for such errors or discrepancies.
13. JURISDICTIONAL ISSUES
The Site is solely directed to individuals residing in the United States. We control and operate the Site from within the State of California, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction we desire, at any time and in our sole discretion.
14. INDEMNIFICATION
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (A) your breach of these Terms of Use; (B) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (C) your activities in connection with the Site.
15. TERMINATION
These Terms of Use shall remain effective until terminated in accordance with its terms. Either party may terminate these Terms of Use immediately upon notice to the other party. In addition, we reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.
16. MISCELLANEOUS
These Terms of Use are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts located in the County of Orange, located in the State of California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sublicensable by you except with Owlnotes's prior written consent. Any failure by Owlnotes to enforce any of its rights under these Terms of Use or applicable law shall not constitute a waiver of such rights. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
17. CONTACT US
To contact Owlnotes, please use the following address:
Owlnotes.com, LLC
PO Box 27250
Anaheim, CA 92809