AREAOWL Terms of Service
Welcome to AreaOwl.com (“AREAOWL”)! Thank you for using this web site and the products and services we offer (“Services”). By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. If you do not agree with these Terms, you should stop using our Services and leave our web site.
1. About The Services and The Terms
1.1 The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2 Eligibility. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of the Terms.
1.3 Additional Terms. If you create a user account to manage information for a listed business and/or to advertise a business on AREAOWL, you will be subject to the AREAOWL Advertising Terms and Conditions.
1.4 AREAOWL Account. If you access any Services that requires you to create a user account accessible through a username and password:
you are solely responsible for keeping your password and all other account information confidential.
1.5 Nature of Services. AREAOWL provides online advertising Services. AREAOWL displays advertising on behalf of businesses and AREAOWL relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does AREAOWL endorse and/or have any other connection with the businesses that advertise with us.
1.6 Changes to Terms. AREAOWL may periodically modify and supplement these Terms, with or without notice to you. You are responsible for regularly checking these Terms for revisions.
2. Using the Services.
2.1 Grant of Rights. Subject to your compliance with the Terms, AREAOWL grants you a limited, non-exclusive right to use the Services for the purposes and under the conditions described in these Terms.
2.2 Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription basis. AREAOWL may terminate your access to the Services in whole or in part if it reasonably believes you are in violation of the Terms.
2.3 Intellectual Property Rights. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services.
Our Services display some content that is not AREAOWL’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law, but we are not obligated to do so.
2.4 Changes. AREAOWL may change or discontinue any of the Services at any time without notice or liability to you or any third party.
4. Your Content in our Services
4.1 Your Content. Some of the Services allow you to submit or generate content. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant AREAOWL (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
4.2 Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to AREAOWL, you agree that AREAOWL can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to AREAOWL in which you do not wish to grant such rights.
4.3 Third Party Content. AREAOWL may provide access to third party content, such as other content submitted by users of the Services, and links to third-party websites. AREAOWL does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. AREAOWL is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. AREAOWL will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that AREAOWL is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
5.1 DISCLAIMER OF WARRANTIES. AREAOWL PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AREAOWL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. AREAOWL MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. AREAOWL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. AREAOWL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM AREAOWL OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
5.2 EXCLUSION OF DAMAGES. AREAOWL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF AREAOWL ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID AREAOWL FOR YOUR USE OF THE SERVICES; OR (II) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4 STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5 Indemnity. You agree to indemnify, defend and hold AREAOWL and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, AREAOWL may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of AREAOWL.
6. Waiver of Class Action and Jury Trial and Consent to Binding Arbitration
6.1 Waive of Class Action and Jury Trial. In any legal proceeding relating to these Terms or the Services, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury.
6.2 Consent to Binding Arbitration. Any claim, controversy, or dispute that arises under or relates to these Terms or the Services shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.
6.3 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
7. Force Majeure
AREAOWL will not be liable for failing to perform under these Terms because of any event beyond its reasonable control.
These Terms and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of California without regard to any provision governing conflicts of law. The Terms supersede all prior and contemporaneous agreements and understandings between you and AREAOWL relating to the Services. You may not transfer your rights or obligations under the Terms without the prior written consent of AREAOWL. AREAOWL may freely do so, in whole or in part. The Terms will be binding upon the successors and permitted assigns of you and AREAOWL. The Terms does not create any third party beneficiary rights. The Terms will be interpreted as if equally drafted by AREAOWL and you. A party’s failure or delay in exercising any right, power or privilege under the Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under the Terms. You and AREAOWL are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms. The invalidity or unenforceability of any provision of the Terms will not affect the validity or enforceability of any other provision of the Terms, all of which will remain in full force and effect.
9. Electronic Commerce
9.1 Electronic Acceptance Is Binding. Your indication of assent to the Terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms.
9.2 Electronic Transactions. You agree that all business pursuant to these terms to be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable.
9.3 To avoid any disruption to your Product or Service subscription, you are responsible for ensuring that your credit or debit card information we have on file is always up to date. If we are unable to process your payment using your credit or debit card information on file, we may cease providing Products or Services to you.
By providing your email address, you agree that AREAOWL may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. AREAOWL may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to AREAOWL Customer Service Dept., please send written communication to:
AREAOWL, Inc., P.O. Box 51746, Palo Alto, CA 94303, Attn: Customer Service Dept.