1. GENERAL INFORMATION
The Owlet LLC is a New Jersey Limited Liability Company dedicated to disseminating information in the sciences and education while fostering communication and community among participants. The content on The Owlet LLC website uses reviews, mini-lectures, imagery, video, interactive simulations, professional contributions, and online discussion boards to connect scientists and educators.
The Owlet LLC owned content means information entered into The Owlet LLC website by employees, users and its representatives, including without limitation, those authorized representatives who edit content or who are otherwise authorized by The Owlet LLC to contribute to the website.
3. PERMITTED USE
Your right to use this site is personal to you and is not transferable. All of The Owlet LLC website content is the property of The Owlet LLC and the contents of this site are protected by United States copyright and other intellectual property laws. During the term of your subscription, The Owlet LLC hereby grants you a non-exclusive, non-transferable license to access and use The Owlet LLC website for the fees and under the terms described in this Agreement. Upon request, The Owlet LLC will provide you with a PDF copy of any posting on the site. You may print, display, and use these materials and any of the postings from the site and for your own personal, educational, and non-commercial use only. You agree to abide by any copyright notice or other restriction contained in any individual posting and to include any author attribution, copyright or trademark notice or restriction in any materials that you download or post.
Except as expressly provided in this Section, you may not modify, publish, copy, distribute, transmit (including but not limited to, by way of e-mail, facsimile, or other electronic means), frame, sublicense, assign, display, participate in the transfer or sale of, rent, lease, loan, create derivative works based on, or in any other way exploit any of The Owlet LLC website content, course materials, learner submissions, and/or instructor submissions without the express prior written consent of The Owlet LLC which may be withheld for any reason.
You may not reverse engineer, disassemble, decompile, or translate The Owlet LLC content, or otherwise attempt to derive the source code of The Owlet LLC or other software which may be related to The Owlet LLC website.
The User agrees to indemnify The Owlet LLC from all damages, liabilities, costs, charges and expenses, including attorneys’ fees, which The Owlet LLC, its affiliates, employees and The Owlet LLC online provider may incur as a result of the User’s violation of this Agreement or any applicable law or regulation. The Owlet LLC reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify The Owlet LLC.
The Owlet LLC may provide, or third parties may provide, links to other World Wide Web sites or resources. The Owlet LLC does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that The Owlet LLC shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.
4. ENROLLMENT and REGISTRATION
In consideration of your participation in The Owlet LLC you agree to provide true, accurate, current and complete information about yourself as prompted by the site registration form (such information being the Registration Data). Deliberate and/or negligent misrepresentation of your information may result in expulsion without refund and refusal to allow your registration in future.
Member Account, Password and Security
You will choose a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Owlet LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Owlet LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Forum Offering Date Changes and Cancellation
The Owlet LLC will make every effort to adhere to its published forum schedule. However, in the event of insufficient enrollments, we reserve the right to change the start date of each forum and/or cancel a course anytime prior to the originally published start date. If such changes do not allow for your participation, The Owlet LLC will issue you a full refund or offer you the option of taking another forum in that session, or in a future session.
The Owlet LLC shall collect the following information: Registration Data and all participant-related communications, including discussion forum postings. This information will be used solely to maintain accurate records and for internal study by The Owlet LLC to assess the effectiveness of the forums and discussion groups.
Your annual subscription fee to The Owlet LLC must be fully paid before you will be provided access to The Owlet LLC website. Membership levels and payment details are provided in The Owlet LLC under ‘Subscriptions.” Payment is required to complete the registration process and confirm your actual forum enrollment.
You agree to pay all fees and charges incurred in connection with your Username and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. The Owlet LLC may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in The Owlet LLC annual renewal notice, which you will receive prior to the end of your subscription term.
5. ON-LINE CONDUCT
Subscribers are expected to observe the highest code of conduct. All work submitted must be original and created solely by you. The source for extracts from the work of others must be clearly identified. Site access and discussion forum postings may only be made by a registered participant. Any misrepresentation of identity or plagiarism of submitted work is expressly prohibited.
Subscribers are expected to observe broad principles of mutual respect in postings. And although we encourage thoughtful criticism, you must refrain from transmitting any content that is unlawful, harmful, threatening, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Further no solicitation is permitted within the communication among Subscribers. You agree not to submit advertising or promotions for business products or services, or solicitations for political contributions or other campaign activities, for charitable contributions, or for any other purpose or event without the prior written approval of The Owlet LLC, which reserves the exclusive right to withhold such approval.
Such serious infractions of behavior as outlined in this Section may result in expulsion from The Owlet LLC website without refund as well as refusal to allow your registration in the future.
6. SUBSCRIBERS SUBMISSIONS
Subscribers are expected to contribute content, materials, and/or information to certain areas of the website such as online discussions and collaborative creation of lesson plans. The Owlet will observe and acknowledge the contributors’ authorship. Members may be responsible for, as part of their participation, submitting, posting or otherwise sending us a variety of information, content or materials (collectively, “Submissions”). Users who contribute such content, materials, and/or information, or any other content, materials, and/or information, agree that The Owlet LLC shall have the right to use any such content, materials, and/or information in any manner, format, or media now known or hereafter devised, worldwide, in perpetuity, royalty-free, an unlimited number of times, and without compensation. Submissions and the product of collaborative work can be accessed and used by members for educational purposes only and in accordance to item 3; permitted use.
Through its online platform, The Owlet LLC distributes participant postings automatically to all participants registered for the forums. The Owlet LLC is not responsible for screening, monitoring or verifying the content of participants’ Submissions. The Owlet LLC reserves the right, but does not have the obligation, to monitor, edit and delete any material posted within the course communication by participants.
Without limiting the foregoing, The Owlet LLC shall have the right to remove any content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by The Owlet LLC or submitted to The Owlet LLC, including without limitation information in the forums.
You acknowledge and agree that The Owlet LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Owlet LLC, its users and the public.
You understand that the technical processing and transmission of the content, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
NEITHER THE OWLET LLC, NOR ANY OTHER PARTY INVOLVED IN OPERATION OF THE WEBSITE WARRANT THAT THE FORUMS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. THE OWLET LLC WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE OWLET LLC DOES NOT MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE OWLET LLC WEB SITE, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE OWLET LLC.
SCIENCE AND EDUCATION IS EVER-CHANGING. THE OWLET LLC HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND ACCURATE AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN SCIENCE RESEARCH AND EDUCATION PRACTICES, THE OWLET LLC DOES NOT WARRANTS THAT THE INFORMATION CONTAINED IN THE OWLET LLC WEBSITE IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND IT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE OWLET LLC WITH OTHER SOURCES. THE OWLET LLC SHALL NOT BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT SHALL THE OWLET LLC, NOR ANY OTHER PARTY INVOLVED IN THE OPERATION OF THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE OWLET LLC WEBSITE INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE OWLET LLC WEBSITE.
You agree to defend, indemnify and hold harmless The Owlet LLC against all claims and expenses (including attorneys’ fees) arising out of content you submit, post to or transmit through the website, your use of The Owlet LLC website, your connection to The Owlet LLC, your violation of the TOU, or your violation of any rights of another.
9. RIGHT TO TERMINATE
This Agreement will continue and renew automatically unless terminated by The Owlet LLC, as provided for in this Agreement, or you fail to respond to the renewal notice from The Owlet LLC and do not renew your subscription.
The Owlet LLC reserves the right to change the terms of this Agreement by providing notice in The Owlet LLC website, directly to users via electronic mail or conventional mail. Use of The Owlet LLC, following the posting of any changes to these terms and conditions, shall be conclusively deemed to be acceptance of those changes by the User.
The Owlet LLC reserves the right to terminate your participation in The Owlet LLC website at any time in the event that it considers, in its sole discretion, any conduct by you to be in violation of the TOU or otherwise in violation of the spirit of The Owlet LLC.
10. MATERIAL PURCHASES
Your purchases from The Owlet LLC are subject to the following legal conditions: All sales at The Owlet LLC are final and refunds of purchase price will not be given. All content and materials within The Owlet LLC is copyrighted. No portion of The Owlet LLC contents may be: (a) Displayed in whole or in part within a frame on another website. (b) Included or distributed in a print publication (paid or free). (c) Added to any other server. (d) Resold in any manner except as expressly permitted in writing by The Owlet LLC. The Owlet LLC will take legal action against any entity taking any of the above actions without express written permission from The Owlet LLC.
Prices for The Owlet LLC materials may change at any time. The Owlet LLC will not provide price protection or refunds in the event of a price reduction or promotional offering. Any questions or issues involving the purchase should be directed to The Owlet LLC.
11. AVAILABILITY OF WEBSITE.
Subscribers recognizes that the traffic of data through the Internet may cause delays during the transfer of information from the Website and accordingly, it shall not hold The Owlet LLC liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that The Owlet LLC Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by The Owlet LLC upgrading, modification, or standard maintenance of the Website.
This Agreement constitutes the entire agreement of the parties with respect to such subject matter of this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.