updated 8/16/2017

 

This software technology and/or website and/or app is provided to you, the customer, and those individuals authorized by you, the customer, subject to the following Terms & Conditions, which may be updated by us from time to time without notice. These Terms & Conditions shall apply to Customer’s use of FISCOWL, LLC subscription services, contents, services, pages (“Services”) via online process and/or signup, with physical signature and/or online agreement which constitutes an “Order”. Customer acknowledges they are at least 18 years of age. Any such electronic ‘Agree’, ‘Accept’, ‘Submit’, ‘Purchase’, ‘Sign Up’ or ‘Complete’ will be treated the same as a physical signature pursuant to the Electronics Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. Sec. 7001, et seq. These Terms & Conditions and all Orders are collectively referred to as the “Agreement” and represents each parties entire understanding regarding the Services and no other Terms or Conditions shall apply. By using this website and all features, you agree to use this website responsibly and uphold the following Terms & Conditions.

 

During the Subscription Term, deemed as renewable Terms year-to-year, which starts on the first day of Order, FISCOWL, LLC grants Customer a nontransferable, worldwide right to permit those individuals authorized by Customer and on Customer’s behalf, whether employees, agents or contractors (“User”) to access and use the Services subject to all Terms & Conditions. These Services are provided from a data center facility to which users have remote access via the internet in conjunction with certain offline components provided by FISCOWL, LLC. Each order relates to specific Usage Rights and Customer warrants they will not exceed their Usage Rights. Customer is solely responsible for obtaining and maintaining appropriate equipment used to access the Subscribed Services, including, but not limited to, computers, laptops, tablets, mobile devices, cell phones, e.mail accounts and any internet connected device that uses an internet browser or app store to connect to the Services (“Equipment”). It is the Customer’s sole responsibility to ensure its compliance with the Services and to maintain sole security of its Services account access password(s). Customer shall make every reasonable effort to protect its password and will be liable for all acts of unauthorized access.

 

Customer shall NOT:

  1. Directly, or indirectly, reverse engineer the Services or attempt to gain access to proprietary technology code, ideas or algorithms of the Services.
  2. Modify, translate or create derivative works based on the Services.
  3. Rent, lease, distribute or assign any copy of their subscribed Services to any third party or competing third party.
  4. Damage, disable or interfere with FISCOWL, LLC’s provision of the Services in any way.
  5. Use the Services without compliance of all laws and regulations with regard to; e.mail, CAN-SPAM Act of 2003, Digital Millennium Copyright Act Policy, anti-spam, spamming, data protection, privacy, intellectual property, consumer protection, child protection, pornography, obscenity or demotion.

 

FISCOWL, LLC reserves the right to immediately suspend a Customer’s password, account or access of the Services if a Customer fails to make payments or violates any of these Terms & Conditions. Any suspension will relieve the Customer of the obligation to pay for Services under the Agreement. All information contained herein is presented in good faith and subject to change, errors, and omissions at any time. Accuracy and reliability of such information is neither guaranteed nor warranted. To confirm accuracy, e.mail with your questions or comments about such information.

 

The information provided, including but not limited to, text, graphics, sketches, photo images, video, logos, and all other information published and contained on this site (the “Contents”) are the exclusive property of FISCOWL, LLC., except where the customer is using their own logo for White Label versions of the FISCOWL, LLC software technology. Except as specifically provided herein, may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means, without the express written consent of FISCOWL, LLC. You may request to use information provided on this website, or any of our accompanying websites related to FISCOWL, LLC brands (listed below) by e.mailing and your request will be reviewed on a case by case basis with consideration to use of our content. Any suggestion or enhancement or feedback provided by the Customer shall be owned by FISCOWL, LLC. It is understood that the Customer owns data in connection with the use of Services, such as Analytical Data relating to the Customer and/or their business, Media Schedules and this Customer content’s legality, accuracy or quality is the sole responsible of the Customer. FISCOWL, LLC brands include:

 

ANALYTICOWL, CAPITOWL, CIVOWL, ECONOMICOWL, FISCOWL, FLOROWL, FOCOWL, GENEROWL, LEGOWL, MEDICOWL, MENTOWL, METOWL, NAUTICOWL, OVOWL, VEHICOWL

 

The Services provided are provided to Customer on an “as is” basis. Customer uses Services at their own risk and are solely responsible for adhering to laws in the country in which you are viewing this website. The Customer expressly agrees that the use of the technology, website and/or coding is at the Customer’s sole risk. Neither FISCOWL, LLC, its principals, officers, employees, third party content providers, and affiliated entities, assume any liability whatsoever either expressed or implied, for the accuracy, availability, suitability, reliability, fitness for a particular purpose, timeliness, quality or completeness of the Services and all associated features, programming, coding, links and all data contained herein. FISCOWL, LLC makes no representation of the Service being error free. Customer agrees and acknowledges that FISCOWL, LLC nor its third party providers controls the transfer of data over communication facilities, including the internet and wireless communications, and that the Services may be subject to limitations, data damage, delays or other problems from those third party communications. FISCOWL, LLC shall NOT be liable under the Agreement for any error or interruption of Services, including any Act Of God, Act Of War, Electrical Outage, Hacking Event, Third-Party Service Interruption, or Government restriction.

 

FISCOWL, LLC (and AnalyticOwl.com) Advertising metrics derived from matching time stamped website data against time stamped advertising data are designed to be used for estimating purposes only, and accuracy is not guaranteed. Google Analytics data is used to calculate the number of users, new users and sessions in each minute throughout each day. The advertising analytics are the total of the number of users or new users within the 8-minute tracking window that begins when each ad spot airs. Lift is the comparison of the advertising analytics to the total web sessions in any given date range. FISCOWL, LLC does not guarantee the accuracy of any information available on this site, and is not responsible for any errors, omissions, or misrepresentations. The user acknowledges that FISCOWL, LLC is providing the means to ‘match’ time stamped information and not the resulting data, as FISCOWL, LLC has no control over the availability or accuracy of data that is uploaded or imported to create Advertising metrics. The user agrees there is no monetary or non-monetary remediation owed by FISCOWL, LLC to the user at any time, directly or indirectly, for any reason, as a result of errors or omissions experienced while using AnalyticOwl’s advertising analytics dashboard.

 

Advertising metrics do not have the ability to quantify the value of any advertising for any business, product or service and should be used with the knowledge that there is always a degree of error to any advertising metrics. To make an informed decision about changing advertising budgets or schedules may require additional information such as market, audience or ratings data which are not gathered by FISCOWL, LLC. Geographic data is based on Google DMA/MetroID distinctions. For situations involving overlapping or embedded DMAs, data correction can occur to ensure that the geographic coverage area of the stations are accounted for while maintaining the accuracy of data insights. For more information, please contact your FISCOWL representative. Information provided is always subject to change at any time and without prior notice. Advertisers, Ad Agencies, Media Buyers, Media Companies understand that all information provided are estimates and should be used with the express understanding that any advertising decisions should be based on a multitude of factors that FISCOWL, LLC does not capture. FISCOWL, LLC does not guarantee or warrant any of the information obtained as a result of using the AnalyticOwl advertising analytics service.

 

FISCOWL, LLC may monitor Customer use and data in aggregate and anonymous manner, compile statistical data and performance data to improve upon the Services. This data may be made public, but would not include Customer Confidential Data or Identity Data. FISCOWL, LLC would retain all intellectual property rights to such data. Customer agrees that FISCOWL, LLC may, from time to time, give notice of changes, improvements or special offers via e.mail to the e.mail address on record.

 

Customer shall pay all fees in regard to Order. All fees are NON-REFUNDABLE and exclusive of taxes, duties, levies imposed by taxing authorities. Customer fees shall be in U.S. Dollars or other such currency as agreed to in writing by both parties. Any unpaid invoice will be subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, which is lower, plus all reasonable expenses of collection. Should a Customer exceed their Usage Rights, FISCOWL, LLC will notify Customer to reduce their Usage Rights within 30 days or pay a reasonable fee to cover over use.

 

In the event of a breach by either party, each party will have 30 days to remedy breach. If FISCOWL, LLC terminates an Order due to Customer breach, all fees for Order shall be immediately due and payable. Upon termination of expiration of any Order, Customer’s right to access Services shall terminate. Customer agrees and acknowledges that FISCOWL, LLC has no obligation to maintain or retain Customer’s Data and that FISCOWL, LLC reserves the right to delete or destroy Customer Data at any time following termination or expiration of an Order.

 

Each party represents and warrants to the other party that is has the power and authority to enter into the Agreement. FISCOWL, LLC warrants to Customer to use best efforts to provide the Services for an Order. Should any warrant fail, Customer’s sole remedy will be for the Services to be re-performed. Should services be unable to be re-performed a pro-rata portion of the fees paid shall be refunded to Customer.

 

Customer agrees and acknowledges that Services may be temporarily unavailable for maintenance or emergency issues. All reasonable efforts will be used to remedy any down time in Services.

 

FISCOWL, LLC indemnifies Customer and Customer indemnifies FISCOWL, LLC and shall defend, indemnify and hold harmless against any loss, damage or costs in connection with any claim made or brought against FISCOWL, LLC or Customer. Customer may not settle or of defend claim unless it releases FISCOWL, LLC from any and all liability.

 

In no way shall FISCOWL, LLC be liable for any indirect, incidental, consequential or special damages, including but not limited to, business interruption, loss of information or loss of profit, as a result of use or misuse of the contents of this website.

 

Any action, Claim, or dispute related to the Agreement will be governed by Florida Law, excluding its conflicts of law or U.S. federal law.

 

No partnership, joint venture, employment or agency relationship exists between FISCOWL, LLC and Customer.

 

Any suspected fraudulent use of e.mail, e.mail violation or spam e.mail using FISCOWL, LLC brands should be sent to: info@analyticowl.com

 

Digital Millennium Copyright Act Notice (DMCA) If you believe any material on, in, or connected to FISCOWL, LLC website brands constitutes copyright infringement, you shall provide FISCOWL, LLC with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work.
  2. An identification of the copyrighted work and location on the website of the alleged infringement.
  3. A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or law.
  4. Your name and contact information, including telephone and e.mail address.
  5. A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

DMCA notice of claims address is:

General Counsel
FISCOWL, LLC
1650 Sand Lake Road,
Suite 270,
Orlando, FL 32809