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Terms and Conditions

These terms and conditions ("Agreement") set out the general terms and conditions for your use of the owljumpstart.com website ("Website" or "Service") 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 bind such entity to this Agreement, in which case the terms "User", "you" or "your" will refer to that entity. If you do not have such authority, or if you do not agree to the terms of this Agreement, you must not accept this Agreement and you may not access or use the Website and the 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 old to use the website and services. By using the website and services and by accepting 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 actions taken in connection with it. We can, but are not required to do so, monitor and review new accounts before you can log in and begin using the Services. Providing false contact information of any kind may result in the termination of your account. 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 of it) 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 to prevent further registration.

Billing and payments
You must pay all fees or charges to your account in accordance with the rates, charges, and billing terms in effect at the time a fee or charge is due and payable. If automatic renewal is enabled for the Services you have subscribed to, you will be charged automatically according to the term you selected. The exchange of confidential and private data occurs through a secure SSL communication channel and is encrypted and protected with digital signatures, and the website and services also comply with PCI vulnerability standards to create the most secure environment possible. For the users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high risk transaction, we will ask you to provide us with a copy of your valid government-issued photo identification and possibly a copy of a recent bank statement of the credit or debit card used. for purchase. We reserve the right to change products and product prices at any time. We also reserve the right to reject any order you place with us. We may, in our sole discretion, limit or cancel the 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.

Information accuracy

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 the services is inaccurate at any time without prior notice (including after you have submitted your order). . We do not undertake any obligation to update, modify or clarify the information on the website, including but not limited to pricing information, except as required by law. No specific update or update date applied on the website should be taken to indicate that all information on the website or the services has been modified or updated.

Thirdparty services
If you decide to enable, access or use third-party services, please note that your access and use of this and other services are 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 enabling, accessing, or using such other services, or your reliance on privacy practices, data security processes, or other policies of said other services. You may need to register or log in to such 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.

Uptime Guarantee

We offer a service uptime guarantee of 99% of the available time per month. If we do not maintain this service uptime guarantee in a particular month (as determined solely by us), you may contact us and request a credit of your service fee for that month. The credit can only be used for the purchase of other products and services from us, and does not include applicable taxes. The service uptime guarantee does not apply to service interruptions caused by: (1) scheduled periodic maintenance or repairs that we may perform from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect the main functionality of the Service; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Links to other resources

Although the website and services may be linked to other resources (such as websites, mobile applications, etc.), we are not implying, directly or indirectly, any endorsement, association, sponsorship, endorsement or affiliation with any linked resource, unless specifically stated. To who. Some of the links on the website may be "affiliate links". This means that if you click on the link and purchase an item, Owl Jumpstart LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not guarantee the offerings of any company or individual or the content of their resources. We do not assume any responsibility or liability for the actions, products, services and content of other third parties. You should carefully review the legal statements and other terms of use for any resource that you access through a link on the Website and the Services. Your link to any other external resources is at your own risk.

Prohibited uses
In addition to other terms set forth in the Agreement, you are prohibited from using the Website and the Services or the Content: (a) for any illegal purpose; (b) request others to perform or participate in illegal acts; (c) violate any local international, federal, provincial or state regulation, rule, law or ordinance; (d) infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, damage, defame, slander, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will 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 the services, products and services of third parties 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" refers to all present and future rights conferred by statute, common law, or equity in or in relation to copyright and related rights, trademarks, designs, patents, inventions, goodwill, and law. to sue for the 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 said rights and all the rights or forms of similar or equivalent rights protection and any other result of the intellectual activity that subsists or will subsist 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 third parties, and all rights, title and interests in and to such property will remain (as between the parties) solely 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 third parties.

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, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no guarantee that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the 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 done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material. and / or data. We make no warranty with respect to goods or services purchased or obtained through the Service or any transaction made through the Service unless otherwise stated. No advice or information, whether oral or written, that you obtain from us or through the Service will create any warranty that is not expressly stated in this document.

Limitation of liability

To the maximum 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 damages or consequential. (including, without limitation, damages for lost profits, revenue, sales, goodwill, content use, business impact, business interruption, loss of anticipated savings, loss of business opportunity) regardless of cause, under any theory 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, vendors and licensors in connection with the services will be limited to an amount greater than one dollar or any amount actually paid in cash. by you to Owl Jumpstart LLC during the one month period preceding the first event or event that gave rise to such liability. Limitations and exclusions also apply if this remedy does not fully compensate you for losses or does not serve its essential purpose.

Compensation
You agree to indemnify and hold Owl Jumpstart LLC and its affiliates, directors, officers, employees, agents, vendors, and licensors harmless from and against any liability, loss, damage, or cost, including reasonable attorney's fees, incurred in connection with or derivatives of any allegation, claim, action, dispute or lawsuit by third parties against any of them as a result of or in connection with your Content, your use of the website and the Services or any willful misconduct on your part.

Divisibility

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 so that they do not make this Agreement illegal or invalid. or unenforceable. If any provision or part of any provision of this Agreement is considered illegal, invalid or unenforceable 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 of this , and all the remaining provisions or parts thereof will remain in full force and effect.

Conflict resolution
The formation, interpretation and performance of this Agreement and any dispute arising out of it will be governed by the substantive and procedural laws of Delaware, United States, without regard to its rules on conflicts or choice of law and, to the extent applicable law of the United States. The exclusive venue and jurisdiction for actions related to the subject matter herein will be the courts located in Delaware, United States, and you submit to the personal jurisdiction of those courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sublicense or transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent will be at our sole discretion and without obligation; said assignment or transfer will be null and void. We are free to assign any of your rights or obligations hereunder, 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 modifications

We reserve the right to modify this Agreement or its terms related to the Website and the Services at any time, upon the posting of an updated version of this Agreement on the Website. When we do, we will revise 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 accept 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 abide by the terms of this Agreement, you are not authorized to access or use the website and services.

Contacting us

If you wish to contact us to understand more about this Agreement or wish to contact us about any matter related to it, you can do so through the contact form, send an email to contacto@owljumpstart.com or write a letter to 501 Silverside Rd, Wilmington, Delaware, 19809, USA

This document was last updated on May 4, 2020
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