Welcome to MrOwl! The Terms of Service ("Terms") stated herein govern the relationship between MrOwl, INC. ("MrOwl") and its users as well as others who use, browse, or interact with MrOwl. Your access to and use of the services provided by MrOwl are conditioned on your acceptance of and compliance with these Terms. By accessing or using MrOwl you accept and agree to be bound by these Terms, as updated and amended from time to time without notice to you.
MrOwl is allowing you limited access to MrOwl in its prototype stage by invitation only. You understand and acknowledge that with your access to MrOwl in its prototype stage, you may have exposure or access to confidential, proprietary, non-public, and trade secret information, and acknowledge that the failure to maintain the confidential nature of such proprietary information and trade secrets may cause serious harm to MrOwl. You further understand and agree that the confidential proprietary information is a valuable, special and unique asset of MrOwl protected by Patent Numbers 7,613,992, 8,504,554, 9,195,756 & 9,256,677 issued by the United States Patent and Trademark Office and any attempt to use such information without approval from MrOwl may constitute a violation of federal law. The confidential information and technology that you will have access to in the prototype stage is not generally known other than by MrOwl. Therefore, in exchange for your use of MrOwl in its prototype stage and the opportunity to access the proprietary confidential information and technology belonging exclusively to MrOwl, you hereby agree to maintain such information which you become privy to in strict confidence and not to disclose, furnish, disseminate, make available any proprietary information, trade secrets, information, or technology of MrOwl to any person or entity without prior written consent of MrOwl.
In the event that you disclose or threaten to disclose the proprietary confidential information and technology belonging exclusively to MrOwl, you understand that MrOwl will vigorously pursue all legal remedies available to it under both state and federal law and seek the full extent of damages allowable. You hereby agree that MrOwl is entitled to an immediate injunction to restrain you from disclosing, in whole or in part, the proprietary confidential information and technology belonging exclusively to MrOwl if in fact you violate this confidentiality provision. In addition, you agree that in the event you violate this confidentiality clause and MrOwl brings any legal action or other proceeding to enforce or interpret the terms of this confidentiality clause, MrOwl shall be entitled to its reasonable attorneys' fees and other costs and expenses incurred in that proceeding and in any subsequent appeals, in addition to any other relief to which MrOwl is entitled to receive.
In consideration of your use of the services provided by MrOwl, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the MrOwl services under the laws of the United States or any other applicable jurisdiction. If you are accepting these Terms and using the MrOwl services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, federal, and international laws, rules and regulations.
You also agree to only provide true, accurate, current and complete information about yourself when registering for your MrOwl account and to maintain and promptly update the information you provide MrOwl. In the event you provide any information that is untruthful, inaccurate, not current or incomplete, or at any time MrOwl has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, MrOwl reserves the right to suspend or permanently terminate your account and refuse any and all current or future use of the MrOwl services to you. Because MrOwl services are used by people and entities on the World Wide Web, personal information that we collect may be stored and processed in the United States of America or any other country throughout the world. By accessing and using MrOwl, you consent to any such transfer and storage of your information outside your country of residence. If you are a user or non-user located outside of the United States of America, you agree to having your personal data transferred to and processed in the United States.
MrOwl allows its users to create and customize their own search engines. In order to provide individually customized search engines for its users, it is necessary for MrOwl to collect and use information you provide for various purposes. With its unique technology MrOwl collects content and other information from you and other MrOwl users and non-users in order to customize search engines and provide the most personalized and best possible search results. This information could be, but is not limited to information ascertained through personal information you provide, information you provide about others, information others provide about you, websites you visit, items you purchase, and/or information you and others provide about products and services (i.e. restaurants, hotels, airlines, lawyers, doctors, etc.). This information may also be provided to third party advertisers in order to personalize the advertisements and content you see while using MrOwl. Anytime you upload, submit, store, send or receive content to or through, you agree to grant MrOwl a worldwide non-exclusive express license to use, host, store, reproduce, modify, create derivative works communicate, publish, publicly perform, publicly display and distribute such content and information. This worldwide non-exclusive express license continues even in the event you no longer use MrOwl. In exchange for MrOwl maintaining the infrastructure and organizational framework that allows our users to customize their own individual search engines, you grant MrOwl a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post or information you provide on or in connection with MrOwl. You understand and agree that as part of the non-exclusive license that you grant MrOwl, we can use any information or content you provide in order to customize your search engine and/or customize search engines used by other MrOwl users and non-users. In the event MrOwl uses information or content you provide to customize, improve, or create search results, you agree that MrOwl has the right to use your information or content without infringing upon your copyrights and without having to compensate you for the use of your information or content. In addition, you agree that MrOwl is not required to credit you as publisher or in any other way with any information that you provide MrOwl which MrOwl subsequently uses for any purpose. You further agree that you do not own any of the content or information you provide MrOwl and do not control how the information you provide is used by MrOwl. Any information you share with MrOwl may ultimately be made available to the public and/or accessed through search engines and various other online or offline media. In consideration for MrOwl granting you access to and use of your MrOwl account, you agree that MrOwl and its third party providers and partners may use the information you provide in order to personalize the advertisements and content you see while using MRWOL.com.
Part of what makes MrOwl unique is its ability to use the information and content you provide MrOwl to deliver advertising and other commercial or sponsored content that is relevant and personalized to our users. MrOwl does not want to waste its user's time with advertisements or commercial content with products or services that are of no interest to its users. Additionally, MrOwl does not want to waste advertiser's time and money on users that have no interest in their products or services. MrOwl uses the information provided by its users to create a mutually beneficial environment for both its users and advertisers by presenting its users with personalized advertisements that reflect the interest of each individual user and at the same time creating a specific target market audience that are interested in the products and services of its advertisers. In order deliver advertising and other commercial or sponsored content that is valuable to both our users and advertisers, you agree to allow MrOwl to provide any information and content you provide to MrOwl to advertisers and/or sponsors of commercial content without any compensation to you.
It is the intention of MrOwl to provide a positive environment and experience for everyone. You are responsible for all content that you upload, post, email, transmit or otherwise make available through your MrOwl account and for any consequences. In exchange for the ability to have continued access and use of MrOwl and its services, you hereby agree to the following conditions of use:
A. You agree that you will not use MrOwl for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
B. You will not use MrOwl to engage misleading, malicious, or discriminatory acts.
C. You agree that you will not bully, intimidate, threaten or harass anyone in any way.
D. You agree that you will not post content that contains hate speech, is threatening, or pornographic (content that contains nudity, graphic sex acts, or sexually explicit material).
E. You agree that you will not distribute other people's personal and confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, without their permission.
F. You agree that you will not upload or share content that exploits or abuses children in any way.
G. You agree that you will not upload or share content that depicts graphic or gratuitous violence.
H. You agree that you will not use MrOwl for the purpose of spamming anyone.
You agree that MrOwl will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses arising out of or in connection with you accessing or your use of MrOwl or these terms. MrOwl's limited liability shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), unauthorized access or use of your information or content, or otherwise.
MrOwl's aggregate liability arising out of these terms or your use of MrOwl for any reason shall not exceed the greater of one hundred u.s. dollars (u.s. $100.00) or the amount you paid MrOwl in the previous twelve (12) months. In the event that applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, and above limitation or exclusion does not apply to you, MrOwl's liability will be limited to the fullest extent permitted by applicable law.
MrOwl does not make any promises or representations about the services it provides. MrOwl provides all services "as is". to extent permitted under applicable law, MrOwl hereby disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
In the event anyone brings a claim against MrOwl related to your actions, content or information on MrOwl account, you hereby agree to fully indemnify and hold MrOwl its affiliates, officers, agents, and employees harmless from and against from any claim, suit or action arising from or related to the use of MrOwl or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. You recognize and agree that MrOwl is not responsible for any offensive, inappropriate, obscene, illegal or otherwise objectionable content or information you may encounter on MrOwl or post/upload to your MrOwl account. You agree to indemnify MrOwl You further recognize and agree that MrOwl is not responsible for the conduct of any MrOwl user. IX. GOVERNING LAW, JURISDICTION, AND VENUE The rights and obligations under these Terms shall be governed by, construed and enforced in accordance with the laws of the State of New Mexico without reference to any conflict of law provisions thereof. You irrevocably consent to the exclusive jurisdiction and venue of any federal or state court within Bernalillo County, New Mexico, in connection with any matter based upon or arising out of these Terms, and waive and agree not to assert or plead any objection that you might otherwise have to such jurisdiction, venue and service of process. You further agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
Whenever possible, these Terms will be interpreted in such manner as to be effective and valid under applicable law. If any provision of these Terms is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of these Terms.
These Terms represents the entire agreement you and MrOwl and supersedes all prior or contemporaneous agreements or understandings with respect thereto. There are no representations, agreements, arrangements or understandings, oral or in writing, between or among you and MrOwl to these Terms which are not fully expressed herein. The Terms are intended by you and MrOwl as a final expression of the agreement between you and MrOwl and they may not be contradicted by evidence of any prior agreement or of any contemporaneous agreement. You and MrOwl further intend that these Terms constitute the complete and exclusive statement of Terms and that no extrinsic evidence whatsoever may be introduced in any judicial or other proceeding involving these Terms.
Effective: June 22, 2016