TERMS OF USE

Last updated Oct 28, 2024

Welcome to our Site. This Site is maintained as a service to our customers. By using this Site, you agree to comply with and be bound by the following terms of use (the “Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use the Site.

These Terms constitute a legally binding agreement made between you, whether you are using the Site personally or on behalf of an entity (“you”) and Ownwell, Inc ("Ownwell", "Company", “we”, “us”, or “our”), concerning your access to and use of the https://www.ownwell.com website as well as any other website, media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Website”) as well as any services offered by the Company, either through the Website or otherwise (the “Services” and together with the Website, the “Site”). You agree that by accessing and/or using the Site or the Services, you have read, understood, and agree to be bound by all of these Terms.

If you are accessing or using the Site on behalf of an entity, you represent that you have the authority to bind the entity to these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the Terms and the “Last updated” date of these Terms, and, if you have registered for an account with us, we will send you an email at the email address you have provided regarding the updates to the Terms. Notwithstanding the foregoing, it is your responsibility to periodically review these Terms to stay informed of updates. By your continued use of the Site, you will be subject to, and deemed to have been aware of, and to have accepted, the changes in any revised Terms after the date such revised Terms are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use (“Permitted Purposes”). We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Certain Services that we may make available are subject to additional or supplemental terms.

For Tax Appeal/Protest/Grievance Services, the following supplemental terms apply.

For property tax appeals filed in calendar year 2021 or later, you agree to furnish us with physical or electronic record of the Property Value Notice (“Notice”) received for all appeals submitted, OR attests, upon submission of Service Agreement & Authorization of Agent forms or by non-termination of existing Service, that Notice was not received from relevant county property assessment authority. If property owner wishes not to attest to non-receipt of Notice and does not provide the Company with physical or electronic record of the Notice, property owner agrees to withdraw any existing or future appeals.

For Bill Reduction Monitoring and Negotiation Services (“Bill Monitoring Services”), the following supplemental terms apply.

In order to receive Bill Negotiation Services, you must provide us with the following information: the account holder’s name, your name and relationship to the account holder (if different), and your respective addresses, phone numbers and email addresses, the name of the service provider (“Provider”), the applicable account number, password, pin number, or other security credentials to access the account, and any other specific information your Provider may require for us to make changes to your account.

If needed, you also agree to provide a copy of the current monthly billing statement for the account showing the products and features you receive and the amounts you are billed. This information may be provided either by uploading a photo of the bill, or by enabling us to access your online bill via a third-party provider.

You also agree to provide us with any additional information relevant to the negotiations prior to the start of the negotiation, including if you’re planning to cancel or switch Providers within the next year. We may decline to provide the requested Bill Negotiation Services based on the information provided in our sole discretion.

You represent and warrant that all of the information you provide to us is accurate, complete and correct. You agree that we may rely upon and share your information with our agents, referral partners, providers and otherwise, as necessary in order to offer and provide the Bill Negotiation Services to you. Your personal information will only be used in the manner and for the purposes set forth in our Privacy Policy .

By requesting Bill Negotiation Services, you authorize us to contact your Provider as your limited agent in order to secure a better rate on the service on your behalf. We will be empowered to provide account verification details including, but not limited to, your full name, respective addresses, phone numbers, and email addresses, your applicable account number, and the password, PIN number, or other security credentials to access the account or validate the account with the service provider in order to proceed with the negotiation. If it’s necessary for our agents to represent to your Provider that they’re the account holder, you consent to such representation solely in order to perform the Bill Negotiation Services.

Bill Negotiation Services request can be canceled at any point prior to the start of any such Bill Negotiation Services by contacting our Support team. You can also request to cancel your Bill Reduction Monitoring at any point so that we do not pursue further reductions on a specific bill. If we’ve already begun or completed the Bill Negotiation service on a bill, you will still be responsible for any invoice as a result. If you’d like to attempt to negotiate your own bill, you must cancel your request prior to Ownwell completing the requested Bill Negotiation Services or you will be held responsible for all associated fees.

You will be charged a fee (the "Negotiation Fee") for the Bill Negotiation Services. The current Negotiation Fee is dependent on county and membership level fees, anywhere between 25-50% of the savings achieved as a result of the negotiation over the length of months that the savings applies to. You will see what your contingency fee is at the time of creating and submitting a bill for reduction.

For instance, if the user is in Texas at a 25% fee and Ownwell is able to lower a bill by $10 per month, that would equal savings of $120 over 12 months and a Negotiation Fee of $30. We may charge the Negotiation Fee to the authorized credit or debit card if provided and on file for the account, otherwise an invoice will be emailed for payment to be received within 30 days of invoice submission.

You agree, that if we find out that your rate is soon to go up and manage to negotiate maintenance of your current bill instead. This may result in Ownwell adding a promotion to your bill. This may occur before a current promotion expires, if we are able to negotiate the same. This may result in your bill remaining unchanged in an effort to ensure there is no lapse in the promotional rate. This action will result in our standard Bill Negotiation fee if we are able to negotiate the same or better rate.

For instance, if we know your bill is about to increase from $100 a month to $120 per month for the next 12 months and if we are able to negotiate with your provider to keep the $100, we will charge you the Negotiation Fee based on the difference, except as otherwise required by applicable law. In these instances, we will obtain proof from your service provider that a rate increase was imminent, and that we successfully negotiated to either keep or reduce your current rate before it was raised.

In the event that you choose to cancel the service for which Ownwell performed Bill Negotiation Services, you must notify Ownwell in writing no later than thirty (30) days after your provider services are canceled in order to receive a pro-rata credit for the days remaining in the month in which your services are canceled. If you cancel your service before all savings for a given billing period appear on your bill(s), you must send documentation to Ownwell within thirty (30) days after such cancellation takes effect showing the last date of service, and Ownwell will adjust your invoice on a pro-rata basis taking into account the date of service cancellation.

Ownwell's negotiated savings generally take 1 to 2 billing cycles to reflect on your statement. By default, you consent to Ownwell improving the quality of your service if it doesn’t increase your cost of service. You’re responsible for fees resulting from any and all Bill Negotiation Services that are submitted through your Ownwell account.

If you wish to participate in our Referral Program, you must request a unique referral link as set forth on the Site. We will determine, in our sole discretion, whether you are eligible to participate in the Referral Program. If we determine that you can participate, we will provide you with a unique link (your “Referral Link”). to provide to third-parties who may be interested in our Services (each, a “Potential Referral”). A Potential Referral will become a Referral (eligible for Referral Fee as set forth below) if and only if (a) the Potential Referral is a new customer of our Services (and has not used our Services in the past), (b) the Potential Referral uses your Referral Link, and (c) the Potential Referral signs up for our Services.

If a Potential Referral becomes a Referral, you will be entitled to a Referral Fee that you can take either as a School Donation or as a Credit.

If you opt to take your Referral Fee in the form of a School Donation, we will provide a donation of $50 to a school district of your choice (from a list of eligible school districts). The Referral Fee amount will only be dispersed to the chosen school district has accumulated a minimum of $500 in Referral Fees. In the event Ownwell is unable to donate to the selected school district, Ownwell has the discretion to donate to a related organization and in a manner that is reasonably feasible to Ownwell.

If you opt to take your Referral Fee in the form of a Credit, a $20 Credit will be applied against your invoiced amount for Services. In the event the invoiced amount is less than the Credit, any unused portion of the Credit will be applied to future invoiced amounts.

The Referral Fee has no cash value. Participation in the Referral Program is void where prohibited, taxed or otherwise restricted. Ownwell has the right to end or modify the Referral Program at any time. You may only participate in the Referral Program if you are a resident of the United States.

For our Mortgage and Equity Monitoring Services (“Mortgage Services”), the following supplemental terms apply.

In order to access and use our Mortgage Services, you will be required to provide information about your property, including but not limited to purchase date, purchase price, loan term, mortgage payment status, interest rate on loan, any extra contribution to principal. You may be presented with an opportunity to have this information populated by your mortgage provider. You are responsible for ensuring that such information is true, complete and accurate and for keeping such information up to date. Additionally, you must agree to “Turn on Monitoring” in order for Ownwell to provide Mortgage Services. By turning on monitoring and using our Mortgage Services, you agree to receive communications regarding deals and other opportunities related to your mortgage and property.

The information provided by the Mortgage Services is for informational purposes only and does not constitute financial advice. We do not guarantee the accuracy or completeness of the information provided by the Mortgage Services. UNDER NO CIRCUMSTANCES WILL OWNWELL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE MORTGAGE SERVICES. We are not a financial advisor, and you should seek independent advice before making any financial decisions. You acknowledge and agree that Ownwell may share data you provide by customer to third parties to determine whether beneficial deals or other opportunties related to your property and/or mortgage are available. The accuracy of the Mortgage Services is dependent on the accuracy of the data provided.

For our Insurance Services (“Insurance Services”), the following supplemental terms apply.

Our Insurance Services are provided by Ownwell Insurance Services, LLC. The terms “Ownwell", "Company", “we”, “us”, or “our” shall include Ownwell Insurance Services, LLC for the purposes of such Insurance Services.

In order to access and use our Insurance Services, you must provide the requested information. You are responsible for ensuring that such information is true, complete and accurate and for keeping such information up to date.

Ownwell shall, based on such information, leverage third-party insurance brokers to run comparable insurance policies and rates across alternative insurance providers (“Insurers”). By signing up to receive Insurance Services, you agree to receive communications regarding deals and other opportunities offered by Insurers.

Notwithstanding the foregoing, you are solely responsible for connecting with Insurers to negotiate the actual insurance policy and such insurance policy (and the performance thereunder) will be solely between you and the Insurer. Only the Insurer will have the authority to bind the relevant insurance policy.

You may cancel the Insurance Services at any time; however, you will receive no refund of any fees paid for such Insurance Services. Additionally, cancelling the Insurance Services will have no impact on any insurance policies entered into with any Insurer in connection with such Insurance Services and such insurance policies shall continue in accordance with their own terms.

These Terms apply to all promotions made available via the Site.

Any and all promotional offers (“Offers”) are valid only when setting up a new and valid Ownwell account. New customers signing up for an account must be the property owner on record with the local County Assessor’s Office or an agent/representative of the property, or an agent/representative of the property owner of record, who is legally obligated to pay the subject’s property taxes. The new account must be started by either using the specific URL indicated or by scanning the QR code printed on the advertisement. Offers sent by postre only applicable to the current owner of the property printed on the postcard. Offer can only be redeemed for current Ownwell service areas. Offers will only be applied to the customer's first year of service. Customers will be disqualified and will not be entitled to receive the Offer if Ownwell has a record of their name, email, phone number, or credit card associated with a prior Ownwell order or associated with an existing active or inactive Ownwell account, or if otherwise suspected of fraudulent activity. Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified, or sold. Offers cannot be applied retroactively for prior sign-ups. Offers cannot be combined unless otherwise indicated. These Promotional Offer Supplemental Terms are subject to change by Ownwell at any time. Ownwell reserves the right to modify or cancel any Offers at any time. Void where restricted or prohibited by law. Ownwell specifically disclaims any obligation to pay any tax in conjunction with the distribution or use of any Offer(s).

You may be required to register with the Site to interact with some of our Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and PayPal.

You may be required to make a purchase or pay a fee to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

All payments shall be made in U.S. dollars.

You agree to pay all charges or fees, at the prices then in effect, for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

You can cancel your subscription at any time by contacting through the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with the Site or our Services, please contact us or call us at (512) 886 2282.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to do any of the folllowing:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory, catalogue, or similar instrument without our express and written permission;
2. Access or use the Site for any purposes other than the Permitted Purposes;
3. Use a buying agent or purchasing agent to make purchases on the Site;
4. Use the Site to advertise or offer to sell goods and services;
5. Make any unauthorized use of the Site, including but not limited to, the collection of usernames and/or email addresses of users, by electronic or other means, for any purpose;
6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including, but not limited to, features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
7. Engage in unauthorized framing of or linking to the Site;
8. Trick, defraud, or mislead us or other users for any reason, but especially in any attempt to discover sensitive account information such as user passwords;
9. Make improper use of our support services or submit false reports of abuse or misconduct;
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
11. Interfere with, disrupt, or create any undue burden on the Site, or the networks or services connected to the Site;
12. Attempt to impersonate another person or use the username of another user;
13. Sell or otherwise transfer your profile;
14. Use any information obtained from the Site in order to harass, abuse, or harm another person;
15. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising, or in any way making up, any part of the Site;
17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
18. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use or enjoyment of the Site, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
19. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
20. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
21. Delete the copyright or other proprietary rights notice from any Content;
22. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or our services to you;
23. Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or uses or launches any unauthorized script or other software;
24. Disparage, tarnish, or otherwise harm, in our opinion, us or the Site;
25. Use the Site in a manner inconsistent with any applicable laws or regulations;

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit will be treated in accordance with our Privacy Policy .

When you create or make available any Contributions, you thereby represent and warrant each of the following:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary, intellectual property, or moral rights, of any third party;
2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use, any Contributions you provide, and you further authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service;
3. Your Contributions are not false, inaccurate, or misleading;
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
7. Your Contributions do not violate any applicable law, regulation, or rule;
8. Your Contributions do not violate the privacy or publicity rights of any third party;
9. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical handicap, or other protected category of persons;
10. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service or any applicable law or regulation.

Any use of the Site in contradiction of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.

By making a Contribution, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Contributions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) your Contributions in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in our sole discretion (including, without limitation, to incorporate your Contributions or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with your Contributions and to use your Contributions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen Contributions or monitor any area of this Site through which Contributions may be submitted. We are not required to host, display, or distribute any Contributions on or through this Site and may remove at any time or refuse any Contributions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Contributions. Further, you agree that we may freely disclose your Contributions to any third party absent any obligation of confidence on the part of the recipient.

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Contributions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement (our “Agent”):

Attn: ____ DMCA Agent

CC: ___

Email: ___

To be sure the matter is handled immediately, your written notice must:

• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site who is the subject of repeated DMCA or other infringement notifications.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your review must not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your review must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review must not contain references to illegal activity; (5) you must not be affiliated with competitors, if posting negative reviews; (6) your review must not make any conclusions as to the legality of conduct; (7) your review must not include any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers a review to be objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to said review.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Submissions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Submissions. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Submissions as we may determine in our sole discretion. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Submissions, and you have no right to compel such use, display, reproduction, or distribution.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, or other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. Thus, we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, other policies, or other information contained in the Third-Party Websites or through the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access a Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms does not govern interactions with any Third-Party Websites or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site, or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through those websites and from other companies. We take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable Third-Party. You agree to acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by any purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you, or harm caused to you, relating to or resulting in any way, from any Third-Party Content or any contact with Third-Party Websites.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy , which is incorporated into these Terms of Service. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right, but disclaim the obligation, to change, modify, update, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other issues, or need to perform site related maintenance, which could result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service shall be construed as an obligation for us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made within the United States and internationally, if applicable, without regard to its conflict of law principles.

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties, individually, and specifically waive the right to file a class-action lawsuit. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS DOCUMENTING YOUR TRANSACTION WITH US. To the extent permitted by law, you agree to waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

You consent to receive emails, text messages, and phone calls from us, and other parties acting on our behalf, at the email address(es) and telephone number(s) you provide to us, even if you are on a federal or state do-not-call registry. The emails, text messages, and phone calls may contain marketing, advertising, or other promotional information. You may opt out of receiving such emails, phone calls, or text messages at any time by following the unsubscribe instructions provided to you or by contacting us. You may also opt out of receiving such text messages by replying STOP, END, CANCEL OR QUIT to any text message that you receive.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site (including both the Website and the Services) is provided by Ownwell, Inc. If you have a question or complaint regarding the Site, please contact Customer Service at hello@ownwell.com. You may also contact us by writing Ownwell, Inc., 1703 W 5th Street, Ste 625, Austin, TX 78703-5392, United States. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any action or inaction beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing in ink by the parties hereto to execute these Terms of Service.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Ownwell, Inc.
1703 W 5th Street
Ste 625
Austin, TX 78703-5392
United States
Phone: 512 886 2282
Email: hello@ownwell.com