Date of Last Revision: February 1, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, Overland Equipment, Inc.'s ("OVERLAND EQUIPMENT") website at www.overlandequipment.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with OVERLAND EQUIPMENT, or its subsidiaries or affiliates, for products, services or otherwise. OVERLAND EQUIPMENT reserves the right to modify these Site Terms and/or any policy or guideline of the Site at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
OVERLAND EQUIPMENT believes strongly in protecting user privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the Site is described in our Privacy Policy.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the OVERLAND EQUIPMENT logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of OVERLAND EQUIPMENT or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Materials solely for your informational, non-commercial and personal use, or to purchase OVERLAND EQUIPMENT products. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Materials, (d) modifying or otherwise making any derivative uses of the Site and the Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Materials other than for its intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of OVERLAND EQUIPMENT, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
OVERLAND EQUIPMENT respects the intellectual property of others. If you believe that any material on the Site infringes upon any copyright which you own or control, or that any link on the Site directs users to another website that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent ("Agent") as set forth below.
Name of Agent to Receive Notice of Claimed Infringement: Mike Valvano, President
Address of Agent to Which Notification Should be Sent:
2145 Park Ave, Suite 4, Chico, CA 95928
Phone Number of Agent: 415-512-9900
Fax Number of Agent: 415-512-9903
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, e-mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
OVERLAND EQUIPMENT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of OVERLAND EQUIPMENT, and OVERLAND EQUIPMENT is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. OVERLAND EQUIPMENT provides links from the Site to third-party websites only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by OVERLAND EQUIPMENT of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. Please review the privacy policy of any third-party website that you have linked to from the Site before you use such thirdparty website.
OVERLAND EQUIPMENT may provide content of third parties ("Third Party Content") and/or links to third-party websites as a service to those interested in this information. OVERLAND EQUIPMENT does not monitor or have any control over any Third Party Content or third-party websites. OVERLAND EQUIPMENT does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. OVERLAND EQUIPMENT does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
OVERLAND EQUIPMENT may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than OVERLAND EQUIPMENT, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. OVERLAND EQUIPMENT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-OVERLAND EQUIPMENT advertisers on the Site.
Except as otherwise expressly stated by OVERLAND EQUIPMENT, OVERLAND EQUIPMENT does not claim ownership of the materials you provide to OVERLAND EQUIPMENT (including, without limitation, questions, comments, statements, stories, suggestions, testimonials, ideas, plans, notes, drawings, photographs, videos, original or creative materials) or post, upload, input or submit to the Site, or its associated services (collectively "Submissions"). However, by making any Submission, you expressly and automatically grant OVERLAND EQUIPMENT, and its successors, assigns, licensees, representatives, and agents, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, and to publish your name in connection with your Submission, for the full term of any copyright, trademark or patent that may exist in such material for any purpose that OVERLAND EQUIPMENT chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to you. OVERLAND EQUIPMENT is not obligated to use, publish, or disseminate any Submission you provide and may remove any Submission posted on the Site (or elsewhere) at any time in OVERLAND EQUIPMENT's sole discretion. By posting, uploading, inputting, providing or submitting your Submission to OVERLAND EQUIPMENT you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. By participating in OVERLAND EQUIPMENT promotions, including without limitation OVERLAND EQUIPMENT sweepstakes and contests, you agree that OVERLAND EQUIPMENT may use your information for marketing and promotional purposes.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to OVERLAND EQUIPMENT, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to OVERLAND EQUIPMENT.
You agree to defend, indemnify and hold harmless OVERLAND EQUIPMENT, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site (including, without limitation, and Submissions) or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against OVERLAND EQUIPMENT and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OVERLAND EQUIPMENT, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OVERLAND EQUIPMENT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. OVERLAND EQUIPMENT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OVERLAND EQUIPMENT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OVERLAND EQUIPMENT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE OVERLAND EQUIPMENT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, OVERLAND EQUIPMENT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. OVERLAND EQUIPMENT reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by OVERLAND EQUIPMENT.
IN NO EVENT SHALL OVERLAND EQUIPMENT, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OVERLAND EQUIPMENT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OVERLAND EQUIPMENT'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OVERLAND EQUIPMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OVERLAND EQUIPMENT FOR ACCESS TO OR USE OF THE SITE.
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Butte County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, OVERLAND EQUIPMENT reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Questions or comments about the Site may be directed to OVERLAND EQUIPMENT at following postal address:
OVERLAND EQUIPMENT Inc.
ATTN: Web Marketing Manager
2145 Park Ave, Suite 4
Chico, CA 95928
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