You are not obligated to enroll in any plan.
Before enrolling, read all program disclosures carefully.
Last modified: September 9, 2012
Thanks for using our products and services. They are provided by Owlaxy, Inc. (“Owlaxy”), located at 424 S. Broadway, Suite 902, Los Angeles, CA 90013, United States.
By using our Services, you are agreeing to the terms set forth below. Please read them carefully.
Please be aware that certain activities on this Site, are available only to persons permitted by Owlaxy to participate in such activities. Not all users of the Services or the Site will have equal access to or use rights for them. You may need to establish and use an Owlaxy account in order to access certain Services and portions of the Site.
Owlaxy’s Data Use Policy establishes how we will use and collect your personal data and protect your privacy when you use the Site and our Services. By using the Site and our Services, you agree that Owlaxy can use such data consistent with the terms in our Data Use Policy.
Use of the Site, our Services and Materials does not give you any ownership interest in any of their intellectual property rights or the content you view.
In addition to the Materials and Services offered by Owlaxy, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). Third Party Services are the sole responsibility of the entity that makes it available. The Third Party Services may be governed by separate license agreements that accompany such services. Owlaxy offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Owlaxy. You agree that you will not hold Owlaxy responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, Owlaxy grants a limited, revocable, personal, royalty-free, non-exclusive and non-transferable license to view, download, and print the Materials, information from the Site or Services (collectively, “Owlaxy Content”) and User Content available on this Site subject to the following conditions:
The Owlaxy Content and User Content may be used solely for personal, informational, and internal purposes. It may not be used for commercial or enterprise purposes except with the prior written consent of Owlaxy.
The Owlaxy Content and User Content may not be modified or altered in any way.
The Owlaxy Content and User Content on the Site may not be copied, distributed or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained in the Owlaxy Content and User Content.
Owlaxy reserves the right to revoke the authorization to view, download, and print the Owlaxy Content and User Content available on this Site at any time, for any reason, and any such use shall be discontinued immediately upon notice from Owlaxy.
The rights granted to you constitute a revocable limited nontransferable license and not a transfer of title.
You may not use our logo, branding, or other trademarks or tradedress except with the prior written consent of Owlaxy.
You may not reverse engineer or attempt to extract the source code of any software used on the Site or any Owlaxy Content, unless you have Owlaxy’s prior written permission.
This license is for the sole purpose of enabling users to enjoy the benefits of the Site and the Services, and is revocable at any time.
The rights specified above to view, download, and print the Owlaxy Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Owlaxy or other third parties. You are not permitted to use the Marks without the prior written consent of Owlaxy or such third party that may own the Marks.
Certain Services offered through this Site accommodate or require user-supplied information, materials, files, communications, and documents, (collectively “User Content”). We may review User Content to determine whether it is illegal or otherwise violates our policies, and we may remove or refuse to display any User Content that we fairly believe to violates our policies or the law. Please note that this does not mean that we review all User Content, either when posted or at any later time, so please don’t assume we do.
Depending upon the nature of the Service, by submitting User Content to this Site you grant Owlaxy, and Owlaxy’s affiliates and business partners, one of the following types of licenses:
For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Owlaxy a worldwide, royalty-free, perpetual, non-exclusive license to host, store, create derivative works from, distribute, use, share, print, modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Owlaxy the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
For all other User Content including but not limited to personal information, information contained in a user’s profile, comments to Owlaxy, and any analyses or reports you grant Owlaxy and the users of this Site an unrestricted, worldwide, royalty- free, perpetual, irrevocable license to host, store, use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Owlaxy is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Owlaxy or others.
This license continues even if you stop using the Site or our Services. Use of the Site and our Services constitutes an agreement and covenant that you have the necessary rights to grant us these licenses for any User Content you submit.
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site, or any other remedies available to Owlaxy.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt, harass or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use
or attempt to use another’s account, password, service, or system without authorization from Owlaxy; not to access or attempt to access any User Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Owlaxy reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Owlaxy may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Owlaxy will have no liability related to User Content. Owlaxy disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Project Content.
Owlaxy is constantly seeking to update the Site, and our Services to provide the optimal user experience. We reserve the right to add, remove or modify any functions or features of the Site or the Services at any time and we may suspend or stop a certain portion of the Site or specific Services completely. We may also stop providing services specifically to you individually or as part of a specific group, or add, delete or modify the Services we offer to you, including creating new limits or requirements upon the Site or the Services.
You may stop using the Site or our Services at any time, subject to any other terms and conditions that may apply.
Owlaxy Services may include receipt of contributions from you directed towards other Owlaxy users. The receipt of a contribution creates a bailment and is governed as set forth herein.
When Owlaxy receives a contribution from you Owlaxy agrees to receive and deliver the contribution to the college savings account designated by the Owlaxy user. Owlaxy agrees to process and deliver the contribution as quickly as possible and to initiate a credit to the college savings account within 5 business days of receipt of the contribution. Owlaxy is not responsible for delays by third parties and your contribution may not be posted by the college savings account for 10 to 14 days after you make your contribution.
Owlaxy does not offer refunds. If your contribution does not post, please contact our customer support at 855-OWLAXY-5 (855-695-2995). Owlaxy will investigate and if necessary will manually re-send the contribution to the college savings account in question.
You understand that Owlaxy is not responsible for how the recipient uses your contribution. Although most college savings accounts include barriers to removing funds for purposes other than education, the account owner may still remove the funds at any time for any use. Owlaxy recommends you make contributions only to users you trust.
Further, you understand that Owlaxy is not responsible for how the recipient saves or invests your contribution. Some users may direct that the custodian of the college savings account use your contribution to invest in securities which you acknowledge are not FDIC insured, are not guaranteed by a bank and may lose value.
If you have linked a college savings account to Owlaxy in order to receive contributions, you represent that the account owner and beneficiary of the linked college savings account correspond to the respective Owlaxy users as represented on the Site. You further represent that you are soliciting contributions for the education of the beneficiary and you represent that you will limit your usage of the funds to the education of the beneficiary. By linking the college savings account, you consent to receiving contributions from other Owlaxy users.
Because of occasional failures of payments from users, Owlaxy cannot guarantee that a contribution made on the Site will actually complete and be delivered. Owlaxy reserves the right to reject, cancel, interrupt, remove, or suspend a linked college savings account at any time and for any reason. Owlaxy is not liable for any damages as a result of any of those actions. Owlaxy is under no obligation to become involved in disputes between any users, or between users and any third party
Except as expressly provided otherwise in a written agreement between you and Owlaxy or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non- infringement. Without limiting the foregoing, Owlaxy makes no warranty that:
(i) the Services and Materials will meet your requirements;
(ii) the Services and Materials will be uninterrupted, timely, secure, or error-free;
(iii) the Services and Materials and all User Content will be free from viruses, malware, phishing scams, hacking or other digital or electronic maladies,
(iv) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable;
(v) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and
(vi) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Owlaxy may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Owlaxy makes no commitment to update such Materials or Services.
You understand and acknowledge that:
(i) Owlaxy does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site;
(ii) Owlaxy makes no representation or warranties whatsoever about any such third parties, their content, products, or services;
(iii) any dealings you may have with such third parties are at your own risk; and
(iv) Owlaxy shall not be liable or responsible for any content, products, or services offered by third parties.
If you are using our Site or Services on behalf of a business or commercial enterprise, that business or enterprise accepts these terms. It further agrees to hold harmless and indemnify Owlaxy on the exact terms set forth below.
Except as otherwise expressly set forth herein and in our Data Use Policy, your personal information will be deemed to be confidential. With the exception of certain types of User Content, any non-personal information or material sent to Owlaxy will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Owlaxy or others, or as otherwise specified in our Data Use Policy.
In no event, including, without limitation, negligence, shall Owlaxy, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Owlaxy has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, any User Content, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
This Site (excluding linked sites) is controlled by Owlaxy from its offices within the state of California, United States of America. By accessing this Site, you and Owlaxy agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Owlaxy also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of Los Angeles County, California, USA with respect to such matters.