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Terms of Service

 

Owl Labs Inc. (“Owl Labs”, “us” or “we”) owns and operates a web site located at www.owllabs.com (the “Site”), along with a software application for mobile device and PC platforms (each, an “App”), that both work with a product that facilitates video conferencing (the “Product”, the use of which is governed by a separate End User License Agreement). The Site and App are collectively referred to as the “Services”. We are pleased to offer you access to the Services conditioned on your acceptance without modification of the following Terms of Service (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THIS WEBSITE. YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED HEREIN CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE OR ANY SERVICES PROVIDED THROUGH THIS WEBSITE.

1) Eligibility.

You affirm that you are of legal age and that you are otherwise fully able and competent to enter into these Terms and to abide by and comply with these Terms. You represent that you are over 13 years of age.

2) Use of Services.

  1. Configuration. The Product and the App work together, and the Product may be configured via the App. When you configure your Product, you will be able to assign a name to the Product.

  2. Accurate Information. You agree that the information you provide to Owl Labs at all times will be true, accurate, current, and complete. To use the Services, you may be asked to enter a user ID or password that has been provided to you. You are solely responsible for maintaining the confidentiality of your Product portal, user ID, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your device or with your Product. Owl Labs currently makes the Services available over the Internet. You shall provide at your own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible web browser), and services for you to effectively access the Services. You are responsible for upgrading and configuring your internal systems (e.g. network settings, Internet routing, fire walls, and web browsers) to be and remain compatible with and optimize the performance of the Services.

  3. Prohibited Conduct. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU WILL NOT: (a) stream or otherwise make available copyrighted material that is not your own or that you do not have the legal right to distribute, display and otherwise make available to others; (b) harass, threaten, or defraud other Services users; (c) stream or otherwise make available content that is threatening, embarrassing, hateful, racially or ethnically insulting, defamatory, pornographic, violates the intellectual property rights, privacy rights or other legal rights of third parties or is otherwise inappropriate; (d) impersonate another person or access another user's PIN or Product without that person's permission; (e) share passwords issued by Owl Labs or PINs with any third party or encourage any other user to do so (except when providing PINs to third parties you authorize to access your Streaming Content (as defined below); (f) misrepresent the source, identity, or content of information transmitted in connection with your use of the Services; (g) use the Services for any unlawful purpose or in violation of any applicable law or regulation; (h) upload material that is damaging to computer systems or data of Owl Labs or other users of the Services (e.g. a virus, Trojan horse, or other malicious code); or (i) use the Services to advertise any product or service that is prohibited or regulated by applicable laws or regulations, or to engage in any false or misleading or otherwise unlawful or objectionable advertising practice.

    You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services may contain systems designed to restrict or regulate access to the Services. You agree that you will not bypass any measures we may use to prevent or restrict access to the Services.

  4. Streaming Content. For users of the Product, the Services provide certain features which may enable you to share video, by streaming such video live over the Internet (“Streaming Content”). You understand that all Streaming Content is the sole responsibility of the person from whom such content originated. This means that you, and not Owl Labs, are entirely responsible for all content that you stream or otherwise make available through the Internet. You acknowledge that Owl Labs does not pre-screen, monitor or approve Streaming Content and that Owl Labs makes no representations and has no liability with respect to the content or availability of any Streaming Content.

    Although Owl Labs has no obligation to do so, Owl Labs reserves the right, in its sole discretion, to block or remove Streaming Content and refuse access to any Streaming Content through the Services, if, for example, it deems such content to be in violation of these terms.

  5. No Endorsement. You understand that Owl Labs does not endorse and is not responsible for the appropriateness, accuracy, usefulness, safety, or intellectual property rights of or relating to such Streaming Content. You further understand and acknowledge that you may be exposed to Streaming Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST OWL LABS WITH RESPECT THERETO.

  6. Location-Based Services. The Services may provide features that enable Owl Labs to tailor your experience based on your location (“Location-based Services”). For example, Owl Labs may utilize your device’s Internet Protocol (“IP”) address to ensure that content is delivered to you, or bandwidth information to improve the speed and quality of your Streaming Content. In order to use Location-based Services, you must allow Owl Labs access to your localized position, which Owl Labs may access through a variety of means, including, if available, GPS, IP address, cellular tower, and/or other location identifiers now known or later developed. If you choose to disable Location-based Services, you will not be able to utilize certain features of the Services. By authorizing Owl Labs to access your location, you agree and acknowledge that: (i) Owl Labs may collect device data from you in connection with the Services and your use of the App, and (ii) Owl Labs may provide Location-based Services related to your then-current location for the duration of your session. You acknowledge and agree that Owl Labs does not guarantee the accuracy of any location information, and your use of any Location-based Services is at your sole risk.

  7. No Guarantee of Services. Owl Labs cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications, including but not limited to: your local network, firewall, your Internet service provider, the public Internet, the public switched telephone network and your power supply. Owl Labs takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

  8. Your Indemnity. You agree to indemnify, defend, and hold Owl Labs, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Apps or Services, your communications, transactions, or dealings with third parties initiated through the Services, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in the Terms. Owl Labs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Owl Labs, and you agree to cooperate with our defense of these claims. Owl Labs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  9. Fees. For any Services for which Owl Labs charges a fee, you agree that Owl Labs may charge to your credit card or other payment mechanism selected by you and approved by Owl Labs (your “Account”) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with your Account. Owl Labs may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Owl Labs will provide you with prior notice and an opportunity to terminate your Account if Owl Labs changes the price of Services to which you are subscribed and will not charge you for previously free Services unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Owl Labs is unable to collect the fees owed to Owl Labs for the Services through your Account, Owl Labs may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Owl Labs in connection with such collection activity, including collection fees, court costs and attorneys’ fees.

    You further agree that Owl Labs may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

    You understand and acknowledge that third party fees may apply to your use of the Services, including without limitation fees charged by your mobile service provider or Internet provider for network access, data transmission, or other similar fees. You are solely responsible for all such fees.

3) App Use.

  1. License. The App is licensed, not sold or otherwise transferred, to you. Subject to your acceptance of, and ongoing compliance with, the Terms (including payment of any applicable license fees and compliance with all license restrictions) and all applicable laws, Owl Labs hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App in object code format, solely for your personal use, on only one iOS or Android device that you own or control. You may not use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, reproduce, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).

    The Terms, together with Owl Labs Privacy Policy, will govern any upgrades provided by Owl Labs that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case that license will govern.

  2. Consent to Use of Data. You agree that Owl Labs may collect and use technical data and related information, including, but not limited to, technical information about your handset, device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of the Services, including software updates, product support and other services to you (if any) related to the App or Services. Owl Labs may use and disclose this and other information you provide for a variety of purposes. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.

  3. Notice Regarding Apple and Google: You acknowledge that the Terms are between you and Owl Labs only, not with Apple or Google, and neither Apple nor Google is responsible for the App and the content thereof. Neither Apple nor Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Neither Apple nor Google has no other warranty obligation whatsoever with respect to the App, and neither is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Apple nor Google is responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, Google and their subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. This license is subject to applicable Apple and Google Store Terms and Conditions.

4) Use of Your Name and Logo.

If you are a corporation, non-profit organization, public entity, educational institution or other type of organization, Owl Labs may use your name and logo to identify you as a customer of Owl Labs on our website and on presentations, marketing materials and other documents identifying or listing our customers. If you do not wish to be identified as a customer of Owl Labs, you may send an email to Marketing (support@owllabs.com) to request to be removed from publicly available customer lists and we will remove you from such list.

5) Revisions to these Terms.

These Terms may be revised at any time by us by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by legal notices or terms located on particular pages of this Website.

YOUR CONTINUED USE OF THE SITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.

6) Products, Content and Specifications.

All features, content, specifications, products, and prices of products and services described or depicted on this Website (collectively "Website") are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

7) Shipping Limitations.

When an order is placed, it will be shipping to a valid address designated by the purchaser. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to our common carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

8) Accuracy of Information.

We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Website.

9) Use of this Website.

This Website, including its design, text, graphics, content visual material, and all information contained on this Website ("Information"), is copyrighted and protected by worldwide copyright laws and treaty provisions. The Information Owl Labs authorizes you to view and download copies of this Information only for your personal, non-commercial use, subject to the following conditions: (1) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in such Information; (2) you may not modify the Information in any way, reproduce, publicly display, distribute, or otherwise use such Information for any public or commercial purpose; and (3) you must not transfer the Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time.

Except as expressly provided herein, or as may be otherwise agreed by the parties in writing, Owl Labs does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information.

10) Third Party Links.

From time to time, this Website may contain links to websites that are not owned, operated or controlled by us or our respective affiliates. Owl Labs does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a non-Owl Labs website, please understand that it is independent from Owl Labs and that Owl Labs does not have any control over the content on that website. A link to a non-Owl Labs website does not mean that Owl Labs endorses or accepts any responsibility for the content or use of such website. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms.

The contents of this Website are ©2017 Owl Labs Inc. All rights reserved.

11) Trademarks.

Owl Labs may own or otherwise have rights to a number of trademarks. Those trademarks followed by a "®" or “TM” are registered trademarks of Owl Labs in the United States; all others marks are trademarks or common law marks of Owl Labs in the United States, except as noted below. Failure of a mark to appear on this Website does not mean that Owl Labs does not use the mark, nor does it mean that the product is not actively marketed or is not significant within its relevant market. Other trademarks, trade names, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Owl Labs or such other owner.

12) Linking to this Website.

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations.

13) Inappropriate Material.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

14) User Information.

Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

15) Customer Reviews.

Visitors may submit reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

If you do submit material, and unless we indicate otherwise, you grant Owl Labs, or its assigns, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iRobot, or its assigns, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iRobot for all claims resulting from content you supply. Owl Labs has the right but not the obligation to monitor and edit or remove any activity or content. Owl Labs takes no responsibility and assumes no liability for any content posted by you or any third party.

16) submissions.

Owl Labs company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must request that no visitors to this site submit or send any original creative materials, including but not limited to submissions of suggestions, ideas or concepts related to current or future products or business ideas. If at our request you send certain specific submissions (e.g., customer reviews) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the "Submissions"), the Submissions shall be deemed and shall remain the property of Owl Labs in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants Owl Labs the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that Owl Labs chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Owl Labs relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract, or breach of confidentiality.

17) DISCLAIMER OF WARRANTIES.

YOUR USE OF THIS SITE AND ANY SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES, PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE.

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND NEITHER WE, NOR ANY OF OUR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. OWL LABS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION, MATERIALS OR SERVICES OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.

18) LIMITATIONS OF LIABILITY.

We do not assume any responsibility, and we will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, your downloading of any information or materials from this Website or using any Services. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, THE SERVICES,OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.

IN THE EVENT OF ANY PROBLEM WITH YOUR USE OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE OR SERVICES.

19) Termination.

You or we may suspend or terminate your account or your use of this Website or the Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

You may terminate your right to use the Services at any time by discontinuing all use of the Services, including any and all Apps, and by deleting the App from your device. If you have signed up for Services for a subscription period which requires the periodic payment of fees to Owl Labs, in order to terminate such Services you must send a termination notice to info@altiasystems.com at least thirty (30) days prior to the end of your subscription period and your termination rights will not be effective until the subscription period has expired.

20) Choice of Law/Forum Selection.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state court of competent jurisdiction located in Massachusetts or federal court of competent jurisdiction in the District Court of Massachusetts.

21) Severability.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

22) Government Use.

The App and Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

23) Export Control.

You may not use or otherwise export or re-export the App or any software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App or Services software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

24) Additional Assistance.

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us at support@owllabs.com.