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Terms of Service

  1. Acceptance of Terms

    Owany LLC owns and provides various websites (the "Websites"), services, and software (such as owany.com) that facilitate online review generation and survey collection, collectively, the "Services".

    BY ACCESSING AND USING THE SERVICES IN WHOLE OR IN PART YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW (THE "TERMS OF SERVICE"). IF YOU REPRESENT A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF SERVICE ON BEHALF OF YOUR COMPANY, AND BY ACCESSING AND USING THE SERVICES IN WHOLE IN OR IN PART YOU AGREE ON BEHALF OF YOU AND YOUR COMPANY TO BE BOUND BY THESE TERMS OF SERVICE.

    In these Terms of Service, we may refer to Owany LLC as "Owany", "us", or "we", and "you" shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms of Service. If you do not agree to be subject to these Terms of Service, do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

    Owany RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS OF SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. PLEASE CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY CHANGES TO THE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. You can review the most current version of the Terms of Service at any time at https://www.owany.com/public/terms

    Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. These Terms of Service cover your use of the Services, and you agree that these Terms of Service apply to your use of the Services. "Users" or Accounts shall refer to any and all individuals or organizations using the Services.

    BY USING THE SERVICES, YOU ALSO CONSENT AND AGREE TO THE TERMS OF THE Owany PRIVACY POLICY. You can review the most current version of the Privacy Policy at any time at https://www.owany.com/public/privacy

  2. Account registration

    Use of the Services is restricted to users at least 13 years of age. If you are under the age of 13, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Services.

    If you are under the age of 18, you must have the explicit permission of a parent or guardian to sign up for any paid services on Services.

    You must register to access and use certain parts of the Services.

    When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account (a "User Account") or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account.

    If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You agree that any information you provide when registering for the Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS OF SERVICE. You further agree that any credit card information or other payment information you provide through the Services is valid and that you have authority to authorize payments from such credit card or other payment method. You further agree that you will use the Services only for the purposes advertised on the Owany websites and/or set forth herein.

    You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. Owany cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  3. Use of the Services

    Owany grants to you a non-exclusive license to access and use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or distribute the Services, in whole or in part.

    Owany shall use all commercially reasonable efforts to make its Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

    Owany shall provide you with basic online support for the Services at no additional charge, and/or upgraded support if purchased separately, and shall provide the Services only in accordance with applicable laws and government regulations.

  4. Pricing and Payment Terms

    1. Subscription Fees: You understand that certain services require monthly and/or annual payments ("Subscription Fee") to continue to use such services. These fees are posted and updated periodically on Owany's web site (www.owany.com).
    2. Payment: Unless otherwise stated, all fees are in U.S. Dollars. A valid credit card is required for Subscription Fees and Transaction Fees. You can register an account without entering a payment method. Activating a subscription will immediately bill you. For any upgrade or downgrade in subscription level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. For any upgrade in subscription level , your credit card will be charged at a prorated amount for the remainder of the current month and added to your total amount for the next billing cycle. Downgrading your plan will NOT cause any data/content loss but some features may become unavailable.
    3. General: You agree to pay all charges that are applicable to you as set forth on the Owany website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid addresses and that Owany may contact you at such addresses or through other electronic or facsimile communications. Owany reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Owany website and will be effective after such posting. Owany reserves the right but has no obligation to notify you through the contact information you provide of any such changes.
    4. Refunds:Any fees paid to Owany by you pursuant to these Terms of Service are nonrefundable. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
    5. Nonpayment: If, for whatever reason, your payment method fails, and the payment does not go through, Owany reserves the right to suspend your access to the Services. If you fail to pay the applicable charge within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Owany reserves the right to cancel your account. In the event Owany cancels your account for non-payment, all amounts due and unpaid from you to Owany for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Owany reserves the right to seek payment using any remedies allowed to it by law. Owany shall have the right to recoup all payments due to it under this agreement as set forth in this agreement.
    6. Disputes: If you wish to dispute any charge invoiced to you by Owany, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge is posted to your account. You are responsible for reviewing any charges made to your account. You may submit a disputed charge by contacting us through the Owany website, email, telephone, or mail.

  5. Communications

    Owany reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the Owany websites. Notices will be deemed effective at the time they are sent by Owany or as of the date they are posted, regardless of whether you actually read any such notices.

    You consent that any emails, surveys, other information or feedback regarding the Services or the Websites that you provide to Owany through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Owany Privacy Policy, can be used by Owany in any manner, including but not limited to for reviews and ratings on Owany or third party websites.

  6. Intellectual Property

    The look and feel of the Service is copyright ©2016 Owany LLC

    Owany retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the "Owany Intellectual Property") that are the exclusive property of Owany and/or its licensors. We do not transfer any rights in or to the Owany Intellectual Property to you.

    Content of the Services that incorporates or includes any of the Owany Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Owany or the rightful owner, as applicable.

  7. Confidential Information

    Confidential Information is any oral, written, graphic or machine-readable information disclosed by Owany that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.

    Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of Owany, and to maintain the confidentiality of the Confidential Information.

  8. Termination

    Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.

  9. Changes to the Services

    Owany has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. Owany also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service or to the Services without restriction.

  10. Sole Remedy

    Your only remedy for any dispute with Owany is to stop using the Services.

  11. Jurisdiction

    These Terms of Service shall be governed by and construed in accordance with the laws of United States. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and your use of the Services resides in the courts of the state of Minnesota, United States and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

  12. Entire Agreement / Translation / Interpretation

    These Terms of Service, other Owany legal policies as posted on the Websites, and any operating rules for the Services established by Owany constitute the entire agreement between Owany and you regarding your use of the Services. If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

  13. No Waiver

    A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

  14. Warranty Disclaimer

    The Services are provided "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE". YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Owany does not GUARANTEE that users will be able to access the Services at all times or places, that Owany will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, Owany, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. Owany MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. Owany DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND Owany WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

    You understand that Owany uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

  15. Limitation of Liability

    IN NO EVENT SHALL Owany, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

    1. ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT,
    2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES,
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS,
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT,
    7. USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY,
    8. YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.