Terms of Use

Owlpack provides website features, content, and other products and services when you visit, or shop on, the Owlpack.com website (the “Site”). By using the Site, you agree to the following terms and conditions and the current Owlpack Privacy Policy and all other disclaimers, terms, and conditions that appear anywhere on the Site.

 

SITE CONTENT

The Site contains information, images, text, customer support information, and other materials for your convenience and use. The information might contain errors, omissions, inaccuracies, or outdated content.

Owlpack attempts to make Site information as accurate and complete as possible. However, Owlpack does not guarantee that product description or other Site content is always accurate, complete, reliable, current, or error-free. If a product offered by Owlpack is not as described, your sole remedy is to return it per Owlpack’s Return Policy.

 

PRICES AND CONTENT SUBJECT TO CHANGE

Prices, product descriptions, and all other content on the Site are subject to change at any time without prior notice. As such, we cannot confirm the price of an item until you order. In the event a product price is listed incorrectly for any reason, Owlpack reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price, regardless of whether the order has been confirmed or your method of payment has been charged. If your payment method has already been charged for the purchase and your order is canceled, Owlpack will immediately refund the amount charged to your payment method.

 

SITE POLICIES, SEVERABILITY, AND MODIFICATION

Owlpack reserves the right to make changes to the Site, these Terms of Use, the Owlpack Privacy Policy, and all other disclaimers, terms and conditions that appear anywhere on the Site at any time. It is your responsibility to review the then-current Terms of Use, Privacy Policy, and any other disclaimers, terms and conditions that apply to your transaction or use at the time of such transaction or use. Suppose you are dissatisfied with the Site, its content, the Terms of Use, Privacy Policy, or any other Site disclaimers, terms and conditions. In that case, you agree that your sole and exclusive remedy is to discontinue using the Site.

If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

PRIVACY

Please review our Owlpack Privacy Policy, which also governs your use of the Site.

 

ELECTRONIC COMMUNICATIONS

When you use the Site or communicate with us electronically via e-mails, text messages, Site forms, or other communications from your desktop or mobile device, you consent to receive communications from us electronically including e-mails, texts, mobile push notices, or notices and messages on this site or through the other Owlpack Services. You may retain copies of these communications for your records. You agree that all disclosures, agreements, notices, policy updates, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All Site content, including but not limited to text, graphics, and forms, is the property of Owlpack or its content suppliers and protected by the United States and international copyright laws.

 

SITE ACCESS AND USE, TERMINATION

As a condition of using the Site, you agree that you will not use the Site or any of its content for any unlawful purpose under applicable law or prohibited by these Terms of Use. You agree you will not use the Site or any of its content to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Owlpack, its affiliates, or other individuals.

You may not copy, reproduce, distribute (including mirroring, data-mining, or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Sites, for any commercial purpose or enterprise, without limitation.

If you violate any of these Terms of Use, your permission to use the Site is automatically terminated.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER SUBMITTED CONTENT

To the Site, you may submit reviews, comments, photos, videos, suggestions, ideas, questions, or other information (“Submitted Content”).

You agree that in so doing, you represent and warrant that you own or otherwise control all of the rights to the Submitted Content, that your use of the Submitted Content does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Owlpack for all claims resulting from Submitted Content. You further represent and warrant your Submitted Content does not include any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to third parties, and does not consist of nor contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.

You further agree that in offering, uploading, or sending any Submitted Content to the Site, you grant Owlpack a perpetual, irrevocable, nonexclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submitted Content throughout the world in any media. You grant Owlpack and its sub-licensees the right to use the name you submit in connection with such Submitted Content at their sole discretion.

Owlpack reserves the right but has no obligation to monitor, edit, or remove any Submitted Content. Owlpack takes no responsibility and assumes no liability for any Submitted Content, whether submitted by you or any third party.

You may not use a false e-mail address, impersonate any person or entity, or otherwise attempt to disguise or misrepresent the origin of Submitted Content.

 

YOUR ACCOUNT

If you use any Owlpack Service, you are responsible for maintaining the confidentiality of your account, username and password and for securing electronic devices you may use to access the Site. You agree to accept responsibility for all activities that occur under your account or username and password.

If you are under 18, you may use Owlpack Services only with the permission and involvement of a parent or legal guardian.

Owlpack reserves the right to refuse service or terminate accounts at its sole discretion.

 

COPYRIGHT COMPLAINTS

Owlpack respects intellectual property rights. If you believe your work has been copied and presented on the Site in a way that constitutes copyright infringement, please submit your report or complaint to Owlpack.

 

RISK OF LOSS

All items purchased from Owlpack are delivered according to a shipment contract. You agree that the risk of loss and title for such items passes to you upon our delivery to the carrier.

 

RETURNS, REFUNDS, AND OWNERSHIP/TITLE

Owlpack does not take ownership/title to returned items until the item arrives at our warehouse facility. For more information about Site returns and refunds, please see our Returns Policy.

 

OTHER BUSINESSES

Owlpack provides links to the sites of affiliated companies and certain other businesses. Owlpack does not control such linked websites or online resources and is not responsible or liable for the availability, content, advertising, products, or other materials of or on such linked websites or online resources. Your access and use of linked websites, including information, material, products, and services therein, is solely at your own risk and Owlpack shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You should carefully review the privacy statements and other conditions of use for any linked site before using that site.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE OWLPACK SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OWLPACK SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING.

OWLPACK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR RELIANCE UPON ANY OWLPACK SERVICE OR FROM ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OWLPACK SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

OWLPACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF OWLPACK SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OWLPACK SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OWLPACK SITE IS AT YOUR SOLE RISK.

OWLPACK DOES NOT WARRANT THAT OWLPACK CONTENT, MATERIALS, INFORMATION, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OWLPACK SITE, OWLPACK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OWLPACK ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OWLPACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN A STATE WITH SUCH LAWS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

By using the Site or any Owlpack Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Owlpack.

 

CALIFORNIA RESIDENTS

The Owlpack website is accessible to you at no cost. If you have a question or complaint regarding Owlpack services or desire further information on the use of Owlpack services, you may contact us using any of the means listed below:

 

Owlpack

Contact care@owlpack.com

Mon – Fri, 8:00am – 4:30pm PST

 

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Last Updated: 6/24/2022