Overty Website Terms of Use
Acceptance of Terms of Use; Overview
The following terms and conditions, together with any referenced documents (collectively, "Terms of Use") are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and OVERTY Corporation LLC. (“OVERTY” “we,” “us” and “our”). Except as otherwise provided herein, the Terms of Use apply to OVERTY’s public websites, including without limitation www.OVERTYTECH.com (collectively “Website”).
These Terms of Use form a binding contract between you and us when accepted by you. You accept these terms of use by accessing or using the Website. If you do not agree to these Terms of Use, you may not use the Website. This Website is offered and available only to users 18 years of age or older. The individual accepting these Terms of Use represents that he or she is of legal age to form a binding contract with us, and, to the extent accepting these terms on behalf of an entity, has the authority to represent the entity. If you do not meet all these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Notice available at https://www.OVERTYTECH.com/privacy-notice/ (“Privacy Notice”), which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or Privacy Notice, you must exit the Website.
Access
We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
Accounts
To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify OVERTY of any unauthorized use of your user name or password or any other breach of security. OVERTY has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.
OVERTY Products
The “Website” does not include the OVERTY products or services, and these Terms of Use do not govern the use or provision of any OVERTY or OVERTY partner product or service, including without limitation the Overty Sphere Platform, regardless of whether such use is on a free, trial or paid basis. You may initiate trials of certain OVERTY products and services through the Website, the provision of those trials is governed by the OVERTY Terms and Conditions available at https://www.OVERTYTECH.com/terms-conditions/ and is not subject to these Terms of Use.
Use of the Website
Posting and User Content
You and other third-party users of the Website may be permitted to post, submit, contribute, publish, display, make available or transmit to others information, data, or other content (collectively, "User Content") on or through the Website. Unless otherwise expressly provided, User Content is considered non-confidential and non-proprietary, and you hereby grant to OVERTY a perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Content that you post for any purpose.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice.
Acceptable Use
You agree to comply with the following code of conduct in your use of the Website: Be polite and courteous. Respect others. User Content may not include defamatory, obscene, indecent, offensive, or otherwise objectionable material. You are accountable for your actions.
Prohibited Uses
You agree not to access or use the Website in any manner that violates any applicable law or infringes rights of others, introduces malicious code, impersonates others, harvests information, or interferes with Website operation or user experience.
OVERTY Store, Third Party Content & Materials
The store accessible on the Website permits users to access additional information about OVERTY and its partners’ products or services. If you request information about or access those partners’ products or services, you agree to have your personal information shared with OVERTY’s partners for marketing purposes. OVERTY customers may also link directly to the OVERTY Customer Store, governed by the OVERTY Store Terms of Use available at www.OVERTY.com/store-terms-of-use.
Taxes, Payment Information and Third-Party Fees
For any purchases made through the Website you agree to pay applicable fees, taxes, and third-party fees. Payments are in USD. You authorize sharing of payment information with third-party processors.
Intellectual Property
The Website is owned by OVERTY or its licensors and protected by U.S. and international intellectual property laws. You may not reproduce, modify, or distribute Website content without prior written consent. Trademarks including OVERTY and OVERTY Sphere® are owned by OVERTY Corporation LLC or affiliates.
Monitoring, Enforcement and Feedback
OVERTY may remove content, disclose identities, or take legal action for violations. Feedback submitted may be used and commercialized freely by OVERTY under a perpetual, worldwide license.
Legal Considerations
Disclaimer of Warranties
Your use of the Website is at your own risk. The Website is provided “as is” and “as available,” without warranties of any kind. OVERTY disclaims all warranties to the fullest extent permitted by law.
Limitation of Liability
To the extent permitted by law, OVERTY and affiliates shall not be liable for damages of any kind arising from use of the Website or materials, including direct, indirect, incidental, consequential, or punitive damages.
Regional Legal Considerations, Export Restrictions
OVERTY is based in Florida, USA. Accessing the Website from prohibited jurisdictions is at your own risk. You agree to comply with all applicable export laws and restrictions.
Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of the State of Florida, USA. Exclusive jurisdiction lies with the state and federal courts in Miami-Dade, Florida.
Entire Agreement
These Terms of Use and our Privacy Notice constitute the entire agreement between you and OVERTY regarding the Website and supersede all prior understandings. The OVERTY Terms and Conditions available at https://www.OVERTYTECH.com/terms-conditions/ remain in effect for product or service use.