As a user or potential user (“User”) of the websites
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.”
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:
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.
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.
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.
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.
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.
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.
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.
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.