As a user or potential user (“User”) of the websites earlowen.com and/or quick.earlowen.com (“Websites”), you must agree to the following Earl Owen Company (“Earl Owen” or “Company”) Terms of Service Agreement (“Terms of Service Agreement”). You may use the services provided on those websites only if you agree to the Terms of Service described herein. You further represent that you are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms of Services and accessing one or both websites described above on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so and to enter into this Terms of Service Agreement. User and Earl Owen may be collectively referred to herein as the “Parties.”

Privacy

Our Privacy Policy (https://earlowen.com/privacy-policy/) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, by Earl Owen and its affiliates.

Content

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Earl Owen respects the intellectual property rights of others and expects Users of the Services to do the same.

Terms

By accessing the website earlowen.com and quick.earlowen.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use of Service

You may use the Services only in compliance with these Terms of Service Agreement and all applicable laws, rules and regulations. We retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users without liability to you.

You may not do any of the following while accessing or using the Services:

1. Attempt to decompile or reverse engineer any software contained on Earl Owen's website;
2. Access, tamper with, or use non-public areas of the Services, Earl Owen’s computer systems, or the technical delivery systems of Earl Owen Company’s providers;
3. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
4. Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Earl Owen Company (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Earl Owen Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Earl Owen Company is expressly prohibited);
5. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
6. Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services
7. Remove any copyright or other proprietary notations from the materials; or
8. Transfer the materials to another person or "mirror" the materials on any other server.

If in the sole discretion of Earl Owen, you violate any of these Terms of Use Agreement provisions, violate any law or use either of the Websites for illegal or immoral purposes, Earl Owen may immediately terminate your ability to use one or both of the Websites. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

1. Satisfy any applicable law, regulation, legal process or governmental request,
2. Enforce the Terms, including investigation of potential violations hereof,
3. Detect, prevent, or otherwise address fraud, security or technical issues,
4. Respond to user support requests, or
5. Protect the rights, property and safety of Earl Owen, its users and the public.

Earl Owen does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. However, you are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Permission is granted to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Earl Owen, in the manner permitted by these Terms. Nothing in the Terms gives you a right to use the Earl Owen name or any of the Earl Owen trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by third-parties) are and will remain the exclusive property of Earl Owen Company and its licensors.

You may terminate this agreement with Earl Owen at any time by deactivating your accounts and discontinuing your use of the services provided by the websites. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

1. You have violated these Terms,
2. You create risk or possible legal exposure for us;
3. Your account should be removed due to prolonged inactivity; or
4. Our provision of the Services to you is no longer commercially viable

Disclaimer

1. The materials on Earl Owen's website are provided on an 'as is' basis. Earl Owen makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, Earl Owen does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
   

Limitations

In no event shall Earl Owen or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Earl Owen's website, even if Earl Owen or an Earl Owen authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Earl Owen’s website could include technical, typographical, or photographic errors. Earl Owen does not warrant that any of the materials on its website are accurate, complete or current. Earl Owen may make changes to the materials contained on its website at any time without notice. However, Earl Owen does not make any commitment to update the materials.

Links

Earl Owen has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Earl Owen Company of the site. Use of any such linked website is at the user's own risk.

Modifications

Earl Owen may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law principles. The Parties agree that the state courts of Texas and the federal courts located in the State of Texas shall have exclusive jurisdiction to adjudicate any and all disputes arising out of or in connection with this Agreement, and that the sole and exclusive venue for any dispute is Dallas County, Texas. The Parties consent to the exercise by such courts of personal jurisdiction over them and each party waives any objection it might otherwise have to venue, personal jurisdiction, inconvenience of forum, and any similar or related doctrine.

No Jury Trial

The Parties agree to waive, to the fullest extent permitted by law, their right to a jury trial for any dispute arising out of this Agreement. By signing this Agreement the Parties understand and acknowledge that they are waiving their right to have a jury trial, and that any dispute arising under this Agreement shall be decided exclusively by a Judge presiding over a court of competent jurisdiction in Dallas County, Texas.

Entire Agreement

This document contains the complete and exclusive Agreement between the Parties, and it is intended to be final expression of their agreement. No promise, representation, warranty or covenant not included in this document has been or is relied upon by any party. Each party has relied upon its own examination of the warranties, representations and covenants expressly contained in the Agreement itself. No modification or amendment of this Agreement shall be of any force unless in writing executed by all Parties to this agreement.

Attorneys’ Fees

If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees.

Remedies

User of the website agrees that its obligations hereunder are necessary and reasonable in order to protect the Company and Earl Owen’s business, and expressly agrees that monetary damages will be inadequate to compensate Earl Owen’s for any breach by either party of any covenants and agreements set forth herein. User agrees and acknowledges that any such violation or threatened violation will cause irreparable injury to the Company and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Earl Owen will be entitled to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond.

Notices

Wherever one party is required or permitted or required to give written notice to the other under this Agreement, such notice will be given by personal delivery, certified U.S. mail, return receipt requested, overnight courier, or by fax and addressed to the appropriate officer of such party at the address set forth in the preamble. All such notices shall be effective upon receipt. Either party may designate a different notice address from time to time upon giving five (5) days’ prior written notice thereof to the other party.

Counterparts

This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.

Assignment

User may not assign, transfer, sell or convey his/her/its rights and/or obligations under this Agreement without advanced written authorization of Earl Owen. However, Earl Owen may assign or transfer its rights and/or obligations under this Agreement without consent of the other party to this Agreement.