Terms of Service v14.6.27

  1. Using Quasar

    1. Who can use Quasar

      You may use our Products only if you can form a binding contract with Owlmoth Collective, LLC, and only in compliance with these Terms and all applicable laws. When you create your Quasar account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

    2. Our license to you

      Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

    3. Duties and obligations

      You will be obligated to fulfill the obligations laid down in these Terms, especially:
      1. To pay the set price for the use of Quasar when it falls due.
      2. To protect your account and password from unauthorized access and to not disclose it to third parties.
      3. To not abuse Quasar or allow it to be abused.
      4. To provide and maintain your own required equipment, data connections, and software to ensure your configuration and technical condition comply with the current requirements of the Products.

  2. Your Content

    1. Posting content

      Quasar allows you to post or aggregate content, including evaluation forms, comments, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Quasar. You grant Owlmoth Collective, LLC a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute your User Content solely for the purposes of operating, developing, providing, and using the Quasar Products. Nothing in these Terms shall restrict other legal rights Owlmoth Collective, LLC may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

    2. How long we keep your content

      Following termination or deactivation of your account, or if you remove any User Content from Quasar, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Owlmoth Collective, LLC may retain and continue to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute any of your User Content stored through Quasar. While we do not guarantee any type of back-up storage of User Content, your data is not permanently deleted unless specifically requested in writing by you.

    3. Feedback you provide

      We value hearing from our users, and are always interested in learning about ways we can improve Quasar. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Owlmoth Collective, LLC does not waive any rights to use similar or related Feedback previously known to Quasar, or developed by its employees, or obtained from sources other than you

  3. Security and Privacy

    We care about the security of our users. While we work to protect the security of your content and account, Owlmoth Collective, LLC cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Because of this, we strongly discourage you from using Quasar to store any information protected by HIPAA, PCI DSS, or any applicable regional, state, or federal legislation, and cannot be held liable for any potential disclosures of stored information, whether intentional or unintentional. Additionally, we ask that you please notify us immediately of any compromise or unauthorized use of your account. Owlmoth Collective, LLC, can be forced by law to surrender data and confidential information. If this is the case, you will be informed by us insofar as the law permits.

  4. Pricing

    The subscription fee is invoiced in advance in installments of either thirty days or three hundred and sixty-five days. The amount of the fee is based on the price listings at callscores.com. The invoice must be paid according to the payment specifications of Owlmoth Collective, LLC. Owlmoth Collective, LLC, reserves the right to change or adjust the fees assessed for use of the Product at any time without prior notice. We additionally reserve the right to contact you to find solutions or define new prices in the following situations. The listed prices are therefore not binding if:
    1. You store an unusually large amount of data, as determined by Owlmoth Collective, LLC
    2. You utilize an unusually large amount of bandwidth, as determined by Owlmoth Collective, LLC
    3. You require an excessive amount of object updates, as determined by Owlmoth Collective, LLC

  5. Third-Party Links, Sites, and Services

    Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Owlmoth Collective, LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Quasar, you do so at your own risk and you agree that Owlmoth Collective, LLC will have no liability arising from your use of or access to any third-party website, service, or content.

  6. Termination

    Owlmoth Collective, LLC may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the conditions of these Terms. If the subscription is automatically terminated because you fail to make payment, Owlmoth Collective, LLC has the right to block your access to Quasar without further notification.

  7. Indemnity

    If you use our Products for commercial purposes, as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Owlmoth Collective, LLC and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

  8. Disclaimers

    The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. OWLMOTH COLLECTIVE, LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Owlmoth Collective, LLC takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. Owlmoth Collective, LLC is released from the obligations of these Terms if failure to provide the services is due to catastrophic circumstances or an act of God. Examples of catastrophic circumstances are war, strikes, riots, expropriations, natural disasters, and other circumstances for which Owlmoth Collective, LLC is not responsible.

  9. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWLMOTH COLLECTIVE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OWLMOTH COLLECTIVE LLC'S AGGREGATE LIABILITY EXCEED THE VALUE OF THE REMAINDER OF THE USER'S SUBSCRIPTION, AS ASSESSED BY OWLMOTH COLLECTIVE, LLC.

  10. Arbitration and Jurisdiction

    1. For any dispute you have with Owlmoth Collective, LLC, you agree to first contact us and attempt to resolve the dispute with us informally. If Owlmoth Collective, LLC has not been able to resolve the dispute with you informally, you will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Quasar exclusively in a state or federal court located in Caddo Parish. The laws of the State of Louisiana will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Caddo Parish, Louisiana for the purpose of litigating all such claims. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND OWLMOTH COLLECTIVE, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    2. If anyone brings a claim against us related to your actions, content or information on Quasar, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We do not control or direct users' actions on Quasar and are not responsible for the content or information users transmit or store on Quasar. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content; or any possible disclosure of User Content to third parties, due to negligence or a security breach. We are not responsible for the conduct, whether online or offline, or any user of Quasar.
    3. Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

  11. General Terms

    1. Notification Procedures and changes to these Terms

      Owlmoth Collective, LLC reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

    2. Assignment

      These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Owlmoth Collective, LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    3. Entire Agreement/Severability

      These Terms, together with any amendments and any additional agreements you may enter into with Owlmoth Collective, LLC in connection with the Products, shall constitute the entire agreement between you and Owlmoth Collective, LLC concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

    4. No Waiver

      No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Owlmoth Collective, LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
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