Acceptance of Terms
Over-C Incorporated (“Over-C”) grants you access to this Web site (the “Site”) subject to the terms, conditions, and notices contained herein (the “Terms and Conditions”) and all applicable laws. For the purposes of these Terms and Conditions, “Content” means, collectively, any content, including, without limitation, any text, software, source code, applications, specifications, images, audio files, articles, documents, functionality, and other information or content available through the Site. By accessing, browsing, or using this Site, you accept these Terms and Conditions without limitation or qualification. If you do not agree to the Terms and Conditions, you may not access, browse, or use this Site and please immediately cease use of this Site. For an explanation of Over-C’s practices and policies related to the collection, use and storage of personally identifiable information, please review Over-C’s Privacy Policy.
Use of the Site
Unless otherwise specified, the Site is for your personal and non-commercial use. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (ii) other than for your use of the Site as expressly permitted in these Terms and Conditions, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own non-commercial use. Any other use of materials on this Site, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Over-C is strictly prohibited. Harassment in any manner or form on the Site, including via email and blog post comments or by obscene or abusive language, is strictly forbidden. Impersonation of others, including a Over-C employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
User Participation
Over-C does not and can not review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Over-C is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Over-C reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Over-C at its sole discretion. Except for any personally identifiable information Over-C may collect from you under the guidelines established in Over-C’s Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Over-C will have no obligations with respect to the Communications. Over-C and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
Third Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are maintained by third parties other than Over-C (the “External Sites”). Over-C has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on External Sites. Links do not imply that Over-C sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Any use you make of the information provided on External Sites is at your own risk and Over-C shall have no liability of any kind for any damages or injuries of any kind arising from such content or information.
Disclaimer of Warranties
Over-C will use reasonable efforts to include accurate and up to date information on this Site. However, all Content on this Site is provided “as is” and Over-C expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose. Over-C makes no warranties, express or implied, as to the ownership, accuracy, adequacy or reliability of the Site Content or that the Site (i) offers uninterrupted availability; (ii) shall be timely, secure, error-free, or free of viruses or other harmful components. You agree that the access and use of this Site and the Content thereof is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the access and use of any such material. The Content on this Site shall not be construed as professional advice and shall not create any warranty not expressly stated in the Terms and Conditions.
Limitation of Liability
In no event shall Over-C, or its officers, directors, employees, agents, licensors, suppliers, vendors, affiliates and third party partners, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Over-C has been previously advised of the possibility of such damages, whether in an action under contract, negligence, tort, or any other theory arising out of, or in connection with, any unavailability or nonperformance of the Site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The forgoing limitation may not apply in some jurisdictions which do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages.
Copyrights & Trademarks
All Content on this Site, including, but not limited to, text, graphics, logos, icons and images, and the selection and arrangement thereof, are the exclusive property of Over-C, its affiliates, related companies or its licensors or joint venture partners, and is protected by U.S. and international copyright laws. All other rights not expressly granted are reserved. The trademarks, service marks, trade names, trade address, designs and logos (collectively, the “Marks”) displayed on the Site are the registered and unregistered Marks of Over-C, its affiliates, related companies or its licensors or joint venture partners. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any Mark displayed on the site without the written permission of Over-C or such third party that owns the Marks displayed on this site. Over-C will enforce its intellectual property rights to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Over-C, its officers, directors, employees, agents, licensors, suppliers, vendors, affiliates and third party partners from and against any and all claims, losses, expenses, damages, costs, suits, demands, or judgments whatsoever, including reasonable attorneys’ fees, whether groundless or otherwise, resulting from any violation by you of these Terms and Conditions.
Governing Laws and Jurisdiction
These Terms and Conditions and your conduct on this Site shall be governed in all respects by the laws of the United States of America and the Commonwealth of Pennsylvania. The failure of Over-C to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any claims, legal action or proceeding arising directly or indirectly out of any materials contained on this Site shall be brought exclusively in the state and federal courts of the Commonwealth of Pennsylvania.
General
Over-C may revise the Terms and Conditions by updating this posting without notice at any time for any reason, so please visit this page periodically to review the then-current Terms and Conditions to which you are bound. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect under any applicable law or rule, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any other provisions, and these Terms and Conditions will be reformed, construed and enforced as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Over-C as a result of these Terms and Conditions, Over-C’s Privacy Policy or any use of the Site. Over-C’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions, or Over-C’s Privacy Policy is in derogation of Over-C’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Over-C with respect to such use. These Terms and Conditions, and Over-C’s Privacy Policy constitute the entire agreement between you and Over-C with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Over-C with respect to the Site.