- PLEASE REVIEW THESE BASIC TERMS FOR USE OF
THE OVERTAKE® WEB SITE. BY USING THE SITE, YOU
AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU
DO NOT AGREE WITH ONE OF THESE TERMS, PLEASE DO NOT
USE THIS SITE.
We may change these Terms any time. By using the Site after a change, you agree to follow and be bound by the Terms as changed. Please read these Terms regularly.
Unless otherwise expressly noted, you should assume everything you see, hear, or otherwise receive from or on the Site (the "Contents") is copyright, trademark, trade dress or other intellectual property owned or licensed by OVERTAKE®. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site.
Except for any intellectual property or content of third parties included on the Site, you may use or download the Contents solely for your personal noncommercial purposes, provided you keep all copyright and other proprietary notices with them. No Other Type of Use is Permitted. You may not make any use of any intellectual property or content of third parties included on the Site. Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Site. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited.
User Comments and Submissions
You promise that no information or material you transmit to OVERTAKE® will violate anyone else's right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make. OVERTAKE® is not responsible or liable for the content of information that others post at or transmit to the Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography or profanity contained in any such information, or for the conduct of any Site user.
Links to Other Sites
Any outside links are provided only as a convenience. If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site. All use of outside links is at your sole risk. OVERTAKE® is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials. You may not create hyperlinks to this Site which portray OVERTAKE® in a false or misleading light and you may not use any "framing" or similar techniques to enclose any portion of this Site.
Your use of the Site is at your own risk. OVERTAKE® PROVIDES THIS SITE, ALL CONTENTS, AND ALL SERVICES OFFERED THROUGH OR FROM THE SITE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. OVERTAKE® also does not warrant that your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful elements. OVERTAKE® does not make any representations regarding the currency, accuracy or reliability of information on this Site.
OVERTAKE® SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF OVERTAKE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site, any of its Contents, or any of these Terms, we would like to hear from you. However, your sole and exclusive legal remedy is to stop using the Site.
You agree to defend, indemnify and hold OVERTAKE® harmless from and against any claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of these Terms and Conditions.
Unless otherwise specified, OVERTAKE® displays this Site and the Contents solely to market and promote OVERTAKE® services. OVERTAKE® controls and operates this Site from its offices in San Diego, California.
These Terms shall be construed according to California law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of California. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.
These Terms are the entire agreement between you and OVERTAKE® relating to the Site or its Contents. Any other agreements between you and OVERTAKE® are superseded and have no force or effect.