Last Updated: December 2021
Content made available on or through the Site and your use of content
A. Description of Content.
The Site contains a wide variety of Content (defined below), whether (1) proprietary to Owl Investor and its affiliates or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function, and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features, and any other materials that you may view, access or download (but only as expressly permitted in paragraph C below) through the Site.
B. Proprietary Rights.
You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Owl Investor or other parties that have licensed their material to Owl Investor, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Owl Investor or such third party that owns the Content. All rights not expressly granted herein by Owl Investor and/or its licensors to you are reserved by Owl Investor and/or its licensors.
C. Restrictions on Your Use of Content.
D. DISCLAIMER OF WARRANTIES
OWL INVESTOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND OWL INVESTOR DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
OWL INVESTOR DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. OWL INVESTOR ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
E. LIMITATION OF LIABILITY
OWL INVESTOR WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF OWL INVESTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
THE SITE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH OWL INVESTOR DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Restrictions on your use of the Services
You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services in any manner, including, but through the use of methods such as denial of service attacks, flooding, or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Services.
Trademarks/service marks, logos, slogans, and taglines
All trademarks, service marks, logos, slogans, and taglines displayed on or through the Services are the property of Owl InvestorTM or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Owl Investor, or such third party that may own the trademark, service mark, logo, slogan or tagline.
Interactions with other Users
You are solely responsible for your interactions with other users of the Site (“Users”) both within the Site and outside of the Site. Owl Investor and its affiliates expressly disclaim any responsibility for interactions between Users outside of the Site. We reserve the right, but have no obligation, to monitor interactions on the Site between you and other Users, as well as any disputes between you and other Users.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Owl Investor (collectively, “Feedback”) are not confidential and you hereby grant to Owl Investor a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
Links to other sites
Your ability to accept this user agreement
This Site is intended solely for users who are at least 18 years of age or older. By using the Site, you affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in this User Agreement, and to abide by and comply with this User Agreement.
Not intended as financial or investment advice
You understand that Owl Investor, through the Site or any interaction you have with representatives of Owl Investor, provides no tax, legal, estate planning, or investment advice of any kind, nor do we give advice or offer any opinion concerning the nature, potential value or suitability of any particular securities transaction or investment strategy. You understand that you are solely responsible for all investment decisions you make regarding the transactions made in your account. You further understand that while you may be able to access market data and other financial information from the Site, the availability of such information does not constitute a recommendation to buy or sell any of the securities made available for purchase on the website or to engage in any investment strategy. Any investment decisions you make will be based solely on your evaluation of your financial circumstances and investment objectives and the suitability for you of any security or any investment strategy. You understand the risks involved with transacting in the securities you maintain and that your investments will fluctuate in value, and you agree that Owl Investor is not responsible for any losses you may incur as a result of your investment decisions and any trades made for your account.
By making information available to you on the Site, Owl Investor is not advising you to invest in any particular security or securities, or to pursue any investment strategy. Although Owl Investor may provide tools that enable you to assess your tolerance for risk, or otherwise assist to educate you in various ways, Owl Investor does not determine if the tools and resources made available on the website will result in suitable investments designed to meet your particular investment needs. All investments have risks, and you are responsible for determining whether you can afford the risks of making any investment.
Information Subject To Limitations
The information and content available on or posted to the website may not be timely or complete, and should not be relied upon for making any investment or other decisions. Information, such as stock prices, is not real-time and the past performance results of a security available for purchase through the website is not an indication of future performance. Share prices used to value individual positions, or contribute to other performance information, are provided by third-party data providers and may not be timely and may not reflect certain activities such as corporate actions, fees, and commissions. Owl Investor cannot guarantee the accuracy or completeness of the information it receives from third-party sources of information and makes available on the Site.
Timeliness of Content
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
As a condition of your use of the Site, you agree to indemnify and hold Owl Investor and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Site, or from your violation of these Terms.
Governing law and jurisdiction
This User Agreement constitutes the sole agreement between you and Owl Investor for your use and the provision of the Services and the subject matter hereof, and no representations, statements, or inducements, oral or written, not contained in this User Agreement shall bind either you or Owl Investor. Any of the terms of this User Agreement which are determined to be invalid, unlawful, void, or for any reason unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this User Agreement or affecting the validity or enforceability of this User Agreement as a whole. Failure to insist on the performance of any of the terms of this User Agreement will not operate as a waiver of any subsequent default. No waiver by Owl Investor of any right under this User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This User Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this User Agreement and any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.