Terms of Use

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. Changes to these Terms of Use do not amend any Services Agreement you have signed with us. A Services Agreement may be amended, modified or waived only in a written instrument signed by a duly authorized representative of each party.

Accessing the Platform

We reserve the right to withdraw or amend the Platform in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

To access the Platform, you may be asked to provide certain information. It is a condition of your use of the Platform that all the information you provide through the Platform is correct, current, and complete. You agree that all information you provide to access the Platform, including through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If any of the information you provide ceases to be accurate in any respect, you will promptly update such information.

Intellectual Property Rights

The Platform (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, and including Our Trademarks (defined below)) is owned by us, our licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms of Use, you are granted a limited license to access and use the Platform for your personal, non-commercial use, including, if you own real property, evaluating, requesting, receiving and supporting the Services for that property. Property owners that are entities, such as trusts, limited liability companies and corporations, may use the Platform for the property they own. Single-family residence management companies and similar entities may not use the Platform or receive the Services.

These Terms of Use permit you to use the Platform only for the purpose described above. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material found on the Platform.

In addition, you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You must not access or use any part of the Platform for any commercial purpose other than the purpose described above.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.

Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

We respect third party intellectual property rights and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly reported. If you are a copyright or trademark owner (or agent thereof) and believe that content on the Platform infringes upon your copyrights or trademarks, you may notify us at legal@owlue.com.

Trademarks

"Our Trademarks" consist of the Owlue name and logo, trademarks, and all related names, logos, product and service names, designs, and slogans of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Third-Party Websites and Content

The Platform may display and/or refer, from time to time, to links to other websites that are not owned, managed or controlled by us, which you acknowledge as being not attributable to us. You acknowledge that we do not endorse, monitor, review, or assume any responsibility for the content, products, services, or practices of any third-party websites or services.

ACCESS TO AND USE OF SUCH THIRD-PARTY WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION. WE ARE NOT RESPONSIBLE FOR ANY ISSUES ARISING EXCLUSIVELY FROM OR RELATING TO YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES OR SERVICES, EXCEPT WHERE SUCH ISSUES ARE ATTRIBUTABLE TO OUR ACTIONS OR OMISSIONS.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Platform:

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform, or expose them to liability.

Additionally, you agree not to:

• Use the Platform, including any content on the Website, in combination with artificial intelligence, including, without limitation, to train an algorithm, machine learning tool, or other artificial intelligence technology; to conduct data mining; or to generate any output or derivative work based on the Platform.
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Platform.

Fees and Payment

We charge fees only for Services provided under a signed Services Agreement, and only as set forth in that agreement. Fees are charged only for the tax year of the applicable Service; no fees are charged for future years unless additional Services are performed in those years. For an appeal, the fee is a percentage of your savings, as set forth on our website as of the effective date of your Services Agreement, and is owed only if the appeal results in a reduction in the assessed value of your property. Your savings are calculated as the product of that reduction and the property tax rate applicable to your property for the tax year in which the reduction is realized.

All payments will be made in U.S. dollars.

We will provide you an invoice for a fee no later than fourteen (14) days following our confirmation of the amount of the fee, and you agree to pay the invoice within seven (7) days of your receipt of it. To pay a fee, you must provide us with a payment method. By providing a payment method, you represent that you are authorized to use it and that the payment information you provide is complete and accurate, and you authorize us to charge the applicable fees to it, including by providing your payment information to our third-party payment processing partners, and to retain that information for the purpose of initiating future payments. If any payment information becomes outdated or obsolete, you agree to update that information promptly.

If any amount payable is not timely received, the unpaid amount will bear interest from the day after it was due until it is paid, at a rate equal to the lesser of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, and you will be responsible for any costs, expenses, charges or fees we incur in collecting it, including collection agency fees and reasonable attorneys' fees. All fees exclude applicable sales, use and other taxes, which are your responsibility (other than taxes based on our income). We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payments.

User Contributions

We may have interactive features (collectively, "Interactive Features") that allow you to submit, publish, display, or transmit (hereinafter, "submit") financial or other information to us (collectively, "User Contributions") on or through the Platform.

Any User Contribution you submit will be considered confidential information and treated in accordance with our Privacy Policy. You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to send us this information.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such information, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Platform.

You may, at your sole discretion, provide your input regarding the Services, products, services, business or technology plans, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of the Services, products and/or services, or input (collectively "Feedback"). We shall be entitled to use Feedback for any purpose without notice, restriction or remuneration of any kind to You and/or Your Representatives.

Our Use of User Contributions

By submitting User Contributions, you grant us a non-exclusive, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, worldwide license, during the term of any Services Agreement between you and us and any other period in which you use the Platform, to use such User Contributions for the purpose of performing the Services for you and fulfilling our other obligations and exercising our rights under these Terms of Use. You also agree that we may aggregate and compile your User Contributions after taking commercially reasonable steps to anonymize them so that you are not identified as their source, and you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), transferable license to use that anonymized, aggregated data for the development and enhancement of our products and services and our other business purposes, which may include the training, tuning or improving of artificial intelligence and machine learning models. While that anonymized, aggregated data will not identify you as its source, we are not responsible or liable for any third party re-identifying it, including with reference to publicly available records of real property ownership; we will not ourselves attempt to re-identify you from it. You agree that we shall be under no obligation (a) to pay compensation for any User Contributions; or (b) to monitor, use, return, review or respond to any User Contributions.

Term and Termination

These Terms of Use are in full force while you use the Platform. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without any requirement for notice or other liability, suspend or terminate your access to or use of the Platform (including IP address blocking) for any breach of these Terms of Use. Upon such termination or suspension, you may not create a new account, profile or similar under your name or any other name.

Automatic Renewal

Each Services Agreement has an initial term of one (1) year from its effective date and automatically renews for successive one (1) year terms unless (a) you cancel the automatic renewal at any time before the start of the applicable renewal term, through the Platform or by notice to us (email to legal@owlue.com suffices), or (b) the property is sold and you notify us of that sale. During each renewal term, we will re-evaluate the property to determine whether any Services would be appropriate for you and perform the Services we deem appropriate for the property. No fee is charged for a renewal term unless that year's Services result in a reduction in the assessed value of the property or another applicable property tax reduction. Termination of a Services Agreement is governed by the terms of that agreement.

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

We may update the information on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the information on the Website may be out of date at any given time, and we are under no obligation to update such information.

Links from the Website

If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM.

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE, AND ANY PERSON ASSOCIATED WITH US, DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, WE, AND ANYONE ASSOCIATED WITH US, DO NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCLUDING ANY BREACH OF CONFIDENTIALITY OBLIGATIONS UNDER THESE TERMS OF USE OR A SERVICES AGREEMENT, IN NO EVENT WILL EITHER PARTY (INCLUDING, IN OUR CASE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS) BE LIABLE TO THE OTHER FOR ANY FORM OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA OR LOSS OF PROFIT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR AFFILIATES, AND OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $500.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Any provisions concerning the exclusion or limitation of certain damages in these Terms of Use are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

No Legal or Tax Advice

We are not a law or financial firm. Consultation with legal and tax professionals is advised prior to making any decisions.

Indemnification

You agree to defend, indemnify, and hold us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform.

Dispute Resolution: Binding Individual Arbitration; Class Action & Jury Trial Waiver

Mandatory Binding Arbitration of Disputes

You and us agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms of Use or this Arbitration Agreement, the Platform, the Services, or any aspect of the relationship between you, on the one hand, and us, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms of Use or this Arbitration Agreement (collectively, "Disputes"), whether such Disputes arose before, on, or subsequent to you entering these Terms of Use, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS"), instead of in a court in any jurisdiction by a judge or jury.

If you have signed a Services Agreement with us, Disputes arising under that Services Agreement are governed by the terms of that agreement where they differ from these Terms of Use.

You and us agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Use are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and us each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Class Action/Jury Trial Waiver

You and us agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and us agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, mass, representative, or consolidated action, arbitration, or other proceeding.

If the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative, mass, or class proceeding. If the foregoing class action/jury trial waiver is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and us shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive any termination of these Terms of Use.

Opt-Out Procedures

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice ("Opt-Out Notice") within thirty (30) days following the date you first agree to these Terms of Use by mail at Owlue, LLC, Attn: Legal Department, 1209 Orange Street, Wilmington, DE 19801, or by email at legal@owlue.com. If mailed, the Opt-Out Notice must be postmarked no later than thirty (30) days following the date you first agree to these Terms of Use. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Rules & Procedures

In the event of a Dispute, you and us each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested ("Notice of Dispute"). You must send any Notice of Dispute by mail to Owlue, LLC, Attn: Legal Department, 1209 Orange Street, Wilmington, DE 19801, or by email at legal@owlue.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and us agree to attempt to resolve any Dispute through informal negotiation within thirty (30) days after the Notice of Dispute is received. After the end of that thirty (30)-day period and not before, you or us may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, our and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.

If the parties cannot resolve the Dispute informally, you and us each agree that all Disputes shall be resolved exclusively through individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect ("JAMS Rules") then in effect, except as modified by these Terms of Use. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.

A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at www.jamsadr.com or 1-800-352-5267. Any arbitration hearings will take place where our principal place of business is located, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means).

It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act ("FAA") shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Delaware, without regard to its choice or conflict of law provisions.

In the event that twenty (20) or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. We reserve all rights and defenses as to each and any demand and claimant.

Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Changes to Arbitration Agreement

Notwithstanding anything to the contrary in these Terms of Use, if we change any of the terms of this Arbitration Agreement after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the "Last Modified" date above, or by not accessing or using the Platform. The written notice must be provided either by mail to Owlue, LLC, Attn: Legal Department, 1209 Orange Street, Wilmington, DE 19801, or by email at legal@owlue.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Waiver, Severability and Taxes

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Platform or the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf as we see fit.

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and us regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the Platform, other than any Services Agreement you have signed with us. If you have signed a Services Agreement with us, that Services Agreement controls over these Terms of Use with respect to the Services it covers, and these Terms of Use otherwise govern your use of the Website and the Platform.

Your Comments and Concerns

The Platform is operated by Owlue, LLC. All feedback, comments, requests for technical support, and other communications relating to the Platform or the Services should be directed to: support@owlue.com.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.