OwlthenaProcess & Terms
Prior to scheduling your appointment you’ll need to agree to our terms and our mutual non-disclosure agreement, both shown below. There will be a REQUIRED checkbox confirming you have read both before you can schedule your first appointment.
- After you agree to these terms and our mutual non-disclosure agreement, you will be able to schedule and pay for your Owlthena session.
- The focus of your session needs to be about you and your business. It can be about the people in your company, your investors, your competitors, etc. It can even be about how your family is affecting your business or vice versa. But the key rule is that you need to share what’s on your mind as a business owner…because that’s how our services are designed to serve you best.
- You are guaranteed confidentiality—nothing you say will be recorded or shared. With that understanding, you agree not to share anything that is illegal and/or would require the listener to report what you share.
- You acknowledge and agree that your Owlthena listener is not a doctor, a lawyer, or a mental health professional. Your listener is a seasoned business executive and a great listener and those combined skills are the ones you are paying for.
- Your session will be conducted via video chat using a mutually agreed to platform. Common platforms are Facetime, Zoom, and Skype. You will be asked to provide your platform choice and contact information for the session when you schedule your appointment.
- Sessions are scheduled in advance and last an hour. You don’t need to commit to more than one session. If you find value in Owlthena, great. You can schedule another session if you’d like, and we encourage you to tell your peer community about us. If you don’t like the session, let us know why.
- Each session is $150 and is charged to your credit card the day before the session. Sessions cancelled with more than 24 hours notice are completely refundable. Sessions cancelled within 24 hours of the session are non-refundable.
- Your listener will primarily be listening to you so that you will hear yourself talk and have the benefits associated with “thinking out loud” to a knowledgeable listener. The idea is for you to talk and the listener to listen, but of course the listener won’t sit silently. They’ll ask clarifying questions, help you to think along different lines if that seems like it will help, etc. They’ll answer questions if you ask. If you need more than the scheduled time and there is no one scheduled immediately after you, you can keep talking and you will be billed by the quarter hour for the additional time.
To use the Owlthena service you agree to the terms of this non-disclosure agreement, made between you and Digital Brand Expressions L.L.C., (DBE) a New Jersey corporation with a business unit called Owlthena, whose address is 100 Overlook Center, Suite 102, Princeton, NJ 08540 its subsidiaries and affiliates (the “Company”).
WHEREAS, you desire to provide certain of your confidential information to DBE/Owlthena for the purpose of an expert listening session between the Company and you (the Business Purpose) and WHEREAS, in order to pursue the Business Purpose, each party recognizes that in you disclosing certain of your confidential information, to be used only for the Business Purpose, there is a need to protect such confidential information from unauthorized use and disclosure.
NOW THEREFORE, in consideration of the disclosure of such confidential information and the mutual agreements set forth herein, each party agrees as follows:
- Confidential Information. As used in this Agreement, “Confidential Information” means, by way of example but without limitation, any information disclosed (including, but not limited to data, copies of data or images, in electronic form), either orally or in writing, by you to DBE concerning your intellectual property, business dealings, customers, operations, affairs, products or other information of a competitively sensitive or proprietary nature. Confidential Information does not, however, include information that the DBE can demonstrate: (a) is now, or hereafter becomes, through no act or failure to act on the part of the DBE, generally known or available to the public; (b) was known by the DBE before receiving such information from the you; (c) is hereafter rightfully obtained by the DBE from a third party, without breach of any obligation to you; or (d) is independently developed by the DBE without use of or reference to the Confidential Information by persons who had no access to the Confidential Information.
- Restrictions. Each party agrees that all Confidential Information shall remain the exclusive property of its owner.
- Obligations. DBE agrees: (a) to hold your Confidential Information in strict confidence; (b) not to disclose such Confidential Information to any third party except as specifically authorized herein or as specifically authorized by you in writing; (c) to use all reasonable precautions, consistent with the DBE’s treatment of its own confidential information of a similar nature, to prevent the unauthorized disclosure of your Confidential Information; and (d) not to use your Confidential Information for any purpose other than the Business Purpose.
- Required Disclosures. DBE may disclose your Confidential Information if and to the extent that such disclosure is required by applicable law, provided that DBE uses reasonable efforts to limit the disclosure by means of a protective order or request for confidential treatment and provides you a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
- No Implied Licenses. Nothing in this Agreement will be construed as granting any rights to DBE, by license or otherwise, to any of your Confidential Information, except as specifically stated in this Agreement.
- Injunctive Relief. Each party acknowledges that the unauthorized use or disclosure of your Confidential Information would cause irreparable harm to you. Accordingly, each party agrees that the other party will have the right to obtain an immediate injunction against any breach or threatened breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
- Term of Agreement. This Agreement applies to all Confidential Information that is disclosed by you to DBE. The obligations of this Agreement will remain in effect for five years after the date of the last disclosure of Confidential Information hereunder, at which time this Agreement will terminate, or until such time as the parties shall agree in writing to terminate this Agreement.
- Applicable Law. This Agreement will be construed, interpreted and applied in accordance with the laws of the State of New Jersey (excluding its body of law controlling conflicts of law). This Agreement sets forth the complete and exclusive agreement of the parties regarding the subject matter of this Agreement and supersedes all prior agreements, understandings and communications, oral or written, between the parties regarding the subject matter of this Agreement. This Agreement is not, however, intended to limit any rights that the parties may have under trade secret, copyright, patent or other laws that may apply to the subject matter of this Agreement both during and after the term of this Agreement.