Surface Owl

User Agreement

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Back to Main Page surfaceOwl User Agreement Effective: February 27, 2017 This User Agreement governs your access and use of our online platform (the “Services”). Please read them carefully as you are entering into a binding legal agreement. We are grateful you’re here. 1. Introduction We are a cloud based platform for professionals. 1.1 Purpose Our mission to enable enterprises to evaluate current business performance and estimate the business value of potential business transformation options that may exist for their enterprise. When you use our Services you are entering into a legal agreement and you agree to all of these terms. You agree to provide only truthful information you are authorized to provide. You also agree to our Privacy Policy, which covers how we collect, use, share, and store information you provide. 1.2 Agreement You agree that by clicking “Register”, “Join”, “Join Now”, “Sign Up”, “Login”, “Sign in” or similar, registering, accessing or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company) with surfaceOwl Inc. You agree to only provide information that is truthful and that you are authorized to provide.  You also agree to provide only information that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by surfaceOwl from time to time. If you do not agree to this Agreement, do NOT click “Register” or “Login” (or similar) and do not access or otherwise use any of our Services. 2. Obligations Here are promises you make to surfaceOwl in this agreement: You are eligible to enter into this agreement and you are at least our “Minimum Age”. 2.1 Service Eligibility To use the Services, you agree that:  (1)  you must be the “Minimum Age” (defined below) or older. (2) you will have only one surfaceOwl account per individual. (3) you are authorized by your company to provide all information required about your company to use the Services. “Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for surfaceOwl to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13. You will follow the law, and our rules. You will keep your password a secret. You will not share an account with anyone else. 2.2  Your Account Your account belongs to you.  You are responsible for everything that happens through your account.  As such, you agree to (1) follow the law. (2) choose a strong password. (3) keep your password confidential and secure. (4) not share your account with any other person(s). You will honor all payment obligations and accept that we store payment information either directly or with a 3rd party. You agree that there may be fees and taxes added on to prices, and that we do not guarantee refunds. 2.3 Payment When you purchase any of our Services, you agree to pay us the applicable fees and taxes.  Failure to pay these fees and taxes may result in termination of your subscription.  Also: 2.3.1. Foreign Exchange Fees.  If you are located outside the United States, your purchase may be subject to foreign exchange fees based on location. 2.3.2. You authorize us to store and continue billing your payment method even after it has expired, to avoid termination of service and to facilitate easy payment for new services. 2.3.3. Taxes are calculated based on the billing information you provide at the time of purchase. 2.3.4. Unless an order says something different, (a) all subscriptions automatically renew (without the need to go through the services-interface “check-out” or execute a renewal order form) for additional periods equal to one (1) year or the preceding term, whichever is shorter. and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing. 3. Rights and Limits You own all of the content and information you provide to us, but you also grant us a non-exclusive perpetual license to it. 3.1 Your License to surfaceOwl You own the content and information that you submit to the Services and you are granting surfaceOwl the following non-exclusive perpetual license: A worldwide, transferable and sub licensable right to use, analyze, copy, modify and process, content and information you provide through our Services, without any further consent, notice and/or compensation to you or others. surfaceOwl will not share your information with others in any manner that is directly attributable to you or your company without your written consent.  However, you expressly license surfaceOwl to analyze and use your information to improve the Service. Some content comes from other Users and 3rd Party content providers.  When you see content or information on our Service, use it at your own risk. 3.2 Other Content By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. surfaceOwl generally does not review every element of content provided by our Members or 3rd Party Partners. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages that may result from your use of or reliance on the content or information. You are solely responsible for deciding if you want to use information or recommendations from our Services We do not promise to store or maintain any information or content you provide. 3.3 Service Availability We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. surfaceOwl is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights. 3.4 Limits surfaceOwl reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users.  surfaceOwl reserves the right to restrict, suspend, or terminate your account if surfaceOwl believes that you may be in breach of this Agreement or law, or are misusing the Services. surfaceOwl reserves all of its intellectual property rights in the Services. You agree to not copy or download any information that is not authorized by surfaceOwl.  Specifically, Client will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from surfaceOwl (collectively, "Reverse Engineering") or permit or induce the foregoing.  If, however, directly applicable law prohibits enforcement of the foregoing, Client may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with surfaceOwl, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information. and (b) Client has first requested such information from surfaceOwl and surfaceOwl failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by Client under this section is confidential information of surfaceOwl, may only be used by Client for the purpose described in this section, and will not be disclosed to any third party or used to create any software that is substantially similar to the expression of surfaceOwl technology. 4.  Disclaimer and Limitation of Liability We are providing the Service on and “as-is” basis only.   4.1 No Warranty The Service is provided on an “as-is” basis, with no guarantee of minimum availability or uptime.  TO THE EXTENT ALLOWED UNDER LAW, surfaceOwl (AND THOSE THAT surfaceOwl WORKS WITH TO PROVIDE THE SERVICES) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO (A) WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G., FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT). (B) WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS OR NON-INFRINGEMENT, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.  CLIENT EXPRESSLY ACKNOWLEDGES THAT surfaceOwl DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. These are the limits of legal liability we may have to you. 4.2 Limitation of Liability TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS surfaceOwl HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), surfaceOwl (AND THOSE THAT surfaceOwl WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G., DOWN TIME OR LOSS, ACCURACY OF FINDINGS OR RECOMMENDATIONS,  USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF surfaceOwl (AND THOSE THAT surfaceOwl WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID, IF ANY, OR (B) US $1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND surfaceOwl AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF surfaceOwl HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. 5. Termination We can each end this Agreement anytime we want. 5.1 Termination You or surfaceOwl may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: 2, 3, 4, 6. 6. Dispute Resolution In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law. 6.1 Governing Law You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of San Francisco County, California, USA, and we each agree to personal jurisdiction in those courts. 7. Feedback We value your feedback on the Service The more suggestions our clients make, the better the Services become. If a Client sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Client grants us (for itself and all of its Authorized Users and other Client personnel) an unlimited, irrevocable, perpetual, sub licensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Client, any Authorized User or other Client personnel. If we choose not to implement the suggestion, please don’t take it personally. We appreciate it nonetheless. 7. General Terms Here are some important details about how to read the Agreement. 7.1 Valid Agreement If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to jointly ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Agreement, that does not mean that surfaceOwl has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that surfaceOwl may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement. 7.2 Reserved Right to Change Agreement Terms We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services. 7.3 Single Legal Notice Address You agree that the only way to provide us legal notice is at the physical mailing address provided in Section 8. 8. How to Contact Us Please contact us at the following: Online:  feedback@surfaceowl.com Mail: surfaceOwl Inc. 4778 Dewey Dr. Fair Oaks, CA 95628 USA © 2017-2020 surfaceOwl Inc. surfaceOwl © 2017-2022 All Rights Reserved.Javascript is disabled!Please enable javascript in your browser - without it surfaceOwl does not work. If you need help, do a simple web search for "enable javascript" and your browser type (e.g. chrome, firefox, etc.) After you have enabled javascript, please reload this page, and you will be able to log into the application. Thank you!