Terms and Conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the owljumpstart.com (“Website” or “Service”) website and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Owl Jumpstart LLC (“Owl Jumpstart LLC”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood and agree to be bound by the terms of this agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to link such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, you must not agree to this Agreement and cannot access or use the Website and Services. You acknowledge that this Agreement is a contract between you and Owl Jumpstart LLC, although it is electronic and not physically signed by you, and governs your use of the website and services.
Accounts and membership
You must be at least 18 years of age to use the website and services. By using the Website and Services and by agreeing to this agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur on the account and for any other action taken in connection with it. We may, but are under no obligation to do so, monitor and review new accounts before you can log in and start using the Services. Providing false contact information of any kind may result in your account being terminated. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any act or omission on your part, including damages of any kind incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the above reasons, you will not be able to re-register for our Services. We may block your email address and Internet protocol address from further registration.
Billing and payments
You must pay all fees or charges to your account in accordance with applicable fees, charges, and billing terms at the time a fee or charge is owed and payable. If auto-renewal is enabled for the Services you have subscribed to, you will be automatically charged according to the term you selected. The exchange of sensitive and private data occurs through an SSL secure communication channel and is encrypted and protected with digital signatures, and the website and services also meet PCI vulnerability standards to create as secure an environment as possible for users. Malware scanning is performed on a regular basis for additional security and protection. If, in our view, your purchase constitutes a high-risk transaction, we will ask you to provide us with a copy of your valid government-issued photo ID and possibly a copy of a recent bank statement from the credit or debit card used. for the purchase. We reserve the right to change products and product prices at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed.
Accuracy of information
Occasionally, there may be information on the website that contains typographical errors, inaccuracies or omissions that may be related to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or services is inaccurate at any time without notice (even after you have submitted your order). We assume no obligation to update, modify or clarify information on the website, including but not least pricing information, except as required by law. No specific updates or update dates applied to the website should be taken to indicate that all information on the website or services has been modified or updated.
If you choose to enable, access or use third-party services, please note that your access to and use of this and other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible for or make representations about any aspect of such other services, including but not limited to their content or the way they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Owl Jumpstart LLC with respect to such other services. Owl Jumpstart LLC is not responsible for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may need to register or log in to those other services on their respective platforms. By enabling any other service, you are expressly allowing Owl Jumpstart LLC to disclose your data as necessary to facilitate the use or enablement of such other service.
Guarantee of uptime
We offer a service uptime guarantee of 99% of the time available per month. If we do not maintain this service uptime guarantee in a particular month (as determined by us only), you may contact us and request a credit for your service fee for that month. Credit may be used only for the purchase of other products and services on our part, and does not include applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) scheduled periodic maintenance or repairs we may make from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect the core functionality of the Service; (4) causes beyond our control or that are not reasonably foreseeable; and (5) cuts related to the reliability of certain programming environments.
Links to other resources
In addition to other terms set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) request others to perform or participate in wrongdoing; (c) violate any local international, federal, provincial or state regulations, rules, laws or ordinances; (d) infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) send false or misleading information; (g) upload or transmit viruses or any other type of malicious code to be used or may be used in any way that affects the functionality or operation of the website and the services, products and services of third parties or the Internet; (h) send spam, phish, pharm, pretext, spider, crawl or scrape; (i) for any obscene or immoral purpose; or (j) interfere with or circumvent the security features of the website and third-party services, products and services or the Internet. We reserve the right to terminate your use of the website and services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, customary right or equity in or in connection with copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for transfer of rights to inventions, rights of use and all other intellectual property rights , in each case registered or unregistered and including all applications and rights to request and be granted, rights to claim priority over such rights and all rights or forms of similar or equivalent rights protection and any other result of intellectual activity that will survive or survive now or in the future anywhere in the world. This Agreement does not transfer to you any intellectual property owned by Owl Jumpstart LLC or any third party, and all rights, titles and interests in and to such property shall remain (as between the parties) only with Owl Jumpstart LLC. All trademarks, service marks, graphics and logos used in connection with the website and services are trademarks or registered trademarks of Owl Jumpstart LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the website and services may be trademarks of third parties. Your use of the website and services does not grant you any right or license to reproduce or otherwise use any of the trademarks of Owl Jumpstart LLC or any third party.
Disclaimer of warranty
You agree that such Service is provided “as is” and “as available” and that use of the website and services is at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we provide any warranty as to the results that may be obtained from your use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or obtained through the use of the Service is at your own discretion and risk and that you will be solely responsible for any damage or loss of data resulting from the download of such material. and/or data. We make no warranties with respect to goods or services purchased or obtained through the Service or any transaction made through the Service unless otherwise noted. No advice or information, whether oral or written, that you obtain from us or through the Service will create any warranty not expressly set forth herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall Owl Jumpstart LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for indirect, incidental, special, punitive, coverage or consequential damages. (including, without limitation, loss of profit damages, revenue, sales, goodwill, use of content, business impact, business interruption, loss of anticipated savings, loss of business opportunity) regardless of its cause, under any theory of liability, including, without limitation, contract, tort, warranty, breach of legal duty, negligence or otherwise, even if the responsible party has been informed of the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the total liability of Owl Jumpstart LLC and its affiliates, officers, employees, agents, suppliers and licensors in connection with the services shall be limited to an amount greater than one dollar or any amount actually paid in cash. Owl Jumpstart LLC for the period of one month prior to the first event or event that gave rise to such responsibility. Limitations and exclusions also apply if this resource does not fully compensate you for losses or does not fulfill its essential purpose.
You agree to indemnify and hold Owl Jumpstart LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors unscathed from and against any liability, loss, damage or cost, including reasonable attorneys’ fees, incurred in connection with or arising out of any third party claim, claim, action, dispute or claim against any of them as a result or in connection with your Content , your use of the Website and Services or any intentional misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and will be applicable and binding only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary to ensure that they do not make this Agreement illegal or invalid. or unexplained. If any provision or part of any provision of this Agreement is deemed unlawful, invalid or unforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or parts thereof constitute their agreement with respect to the subject matter hereof, and all remaining provisions or parts thereof shall remain in full force and effect.
The formation, interpretation and enforcement of this Agreement and any dispute arising out of it shall be governed by the substantive and procedural laws of Delaware, United States, without regard to its conflict or choice of law rules and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereby shall be the courts located in Delaware, United States, and you submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sublicense or transfer or delegate any of your rights or obligations hereby, in whole or in part, without our prior written consent, the consent of which shall be in our sole discretion and without obligation; such assignment or transfer shall be null and void. We are free to assign any of your rights or obligations hereby, in whole or in part, to any third party as part of the sale of all or substantially all of your assets or shares or as part of a merger.
Changes and Modifica
tions We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, as of the posting of an updated version of this Agreement on the Website. When we do, we’ll review the update date at the bottom of this page. Your continued use of the website and services after such changes will constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing and using the website and services, you agree to be bound by this agreement. If you do not agree to comply with the terms of this Agreement, you are not authorized to access or use the website and services.
If you would like to contact us to further understand this Agreement or would like to contact us about any matter related to it, you may do so through the contact form, send an email to [email protected] or write a letter to 501 Silverside Rd, Wilmington, Delaware,
19809, USA This document was last updated on May 4, 2020