Terms of Service

These terms

These terms govern your use of this website at owlmarketplace.com. By using the site you accept them. If you do not accept them, please do not use the site.

These terms do not govern your use of the OWL Marketplace software, the supplier network or Athena. Access to those is provided under a separate written agreement between you or your company and us. Where these terms and that agreement conflict, that agreement takes precedence for everything it covers.

We are OWL Marketplace, 7084 Miramar Rd., San Diego, CA 92121, United States. You can reach us at info@owlmarketplace.com or 1-858-800-4212.

Who may use this site

You may use this site if you are at least 18 years old and acting in a business capacity. If you use it on behalf of a company, you confirm that you are authorised to accept these terms for that company, and "you" means that company.

What this site is for

This website describes our software and services and lets you request information, a quotation or a demonstration. Everything on it is provided for general information. It is not an offer to contract, a commitment to supply, a quotation, or professional advice of any kind.

Descriptions of features, capabilities, coverage and results reflect our software as it stands or as we plan it. They are not promises about what your own results will be. Any figure presented as a model or an estimate, including cost figures on our Athena pages, is illustrative and modelled on stated assumptions. It is not a forecast of your outcome.

Submitting information to us

When you complete a form you agree that the information you provide is accurate and that you are entitled to provide it. If you submit another person's details you confirm you have their permission.

We handle what you submit in accordance with our Privacy Policy. Form submissions are routed to our customer relationship system and reviewed by our team. Submitting a form does not create a contract, an account, or any obligation on us to respond, supply, or accept your business.

Do not submit anything confidential that you do not wish us to hold, and do not submit anything unlawful, defamatory, infringing, or containing malicious code.

Our content

All content on this site, including text, graphics, illustrations, layout, design, software and the OWL name and logo, belongs to us or our licensors and is protected by copyright, trade mark and other laws.

You may view the site, and print or download extracts, for your own internal business use and for evaluating whether to work with us. You may not copy, republish, sell, licence, frame, systematically extract, or create derivative works from any part of it without our written permission, and you may not use it to train a machine learning model. Our name and logo may not be used without permission.

Nothing on this site transfers any right in our intellectual property to you.

Acceptable use

You agree not to use this site in any way that breaks the law, and in particular not to attempt to gain unauthorised access to any part of it or to any system connected to it, not to introduce malicious code, not to interfere with its operation or place unreasonable load on it, not to scrape or harvest data from it by automated means, not to probe or test its security without our written permission, and not to use it to send unsolicited commercial messages.

We may suspend or block access without notice if we reasonably believe you have breached this section.

Third-party links and services

This site links to services we do not control, including our customer login at source.owlmarketplace.com and third-party resources. We provide those links for convenience. We do not endorse those sites, we are not responsible for their content or their handling of your data, and your use of them is at your own risk under their terms.

Availability

We try to keep this site available but we do not guarantee it. We may change, suspend or withdraw all or part of it at any time without notice, and we may change these terms by posting a revised version here. Your continued use after a change means you accept it.

Disclaimers

To the fullest extent permitted by law, this site and its content are provided "as is" and "as available" without warranty of any kind, whether express, implied or statutory. We specifically disclaim any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the site will be uninterrupted, timely, secure or error-free, that any defect will be corrected, or that the site or its servers are free of harmful components. We do not warrant that the information on the site is accurate, complete or current.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, arising out of or connected with your use of this site, whether based in contract, tort, negligence, strict liability or any other theory, and whether or not we were advised of the possibility.

Our total aggregate liability arising out of or connected with your use of this site will not exceed one hundred United States dollars.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

Indemnity

You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of this site, or your violation of any law or the rights of a third party.

Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms.

Governing law and disputes

These terms and any dispute arising out of them or out of your use of this site are governed by the laws of the State of California, without regard to its conflict of laws rules.

You and we agree that the state and federal courts located in San Diego County, California have exclusive jurisdiction, and you consent to their personal jurisdiction and waive any objection based on inconvenient forum.

If you are a consumer resident in the European Union or the United Kingdom, nothing here deprives you of the protection of the mandatory laws of your country of residence or of your right to bring proceedings in your local courts.

General

If any provision of these terms is held unenforceable, the rest remains in force and the unenforceable provision is modified to the minimum extent needed to make it enforceable. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with our Privacy Policy and any separate written agreement between us, are the entire agreement between you and us regarding this website.

Contact

Questions about these terms: