TERMS AND CONDITIONS
Despite our efforts to provide accurate information, errors may appear from time to time. Before you act on any information you have found on overlandtrailers.com, you should confirm any facts that are important to your decision.
(1) USE OF OVERLANDTRAILERS.COM
A. PERMITTED USES
You agree that all the information posted or accessed on overlandtrailers.com will be used only for informational or transactional purposes. There may be no commercial or other unauthorized use of interactive features. You may not conduct business, or actively solicit actions which are prohibited by law or which violate any federal, state, or local laws. In addition, overlandtrailers.com cannot be used to exchange information, services, materials or software in return for payment of any sort (trade of like items, special discounts, cash, etc.) without the prior written approval of Overland Trailers. Overlandtrailers.com is provided solely for the use of current and prospective customers of Overland Trailers.
B. INTERACTIVE FEATURE TERMS
You understand and agree that the use of certain interactive features available on overlandtrailers.com is to facilitate your obtaining shipping services from Overland Trailers and third-party shipping companies. You agree to be subject to and comply with all obligations and requirements applicable to your use of such shipping services, including all terms, conditions, payment requirements, and limitations of liability applicable to such services as determined by Overland Trailers and such third party shipping companies. You assume all responsibility for the preparation and accuracy of the information that you provide to Overland Trailers and such third party shipping companies using such interactive features, and the preparation and accuracy of all applicable shipping documentation. You assume all responsibility for complying with any applicable export requirements imposed by law on your shipping activity. If the information you provide about a shipment is incomplete or inaccurate in any way, you authorize the shipping company to complete or correct it on your behalf and adjust the charges accordingly. You agree to pay or reimburse Overland Trailers or the third-party shipping company for all shipment charges, storage charges, duties and taxes owed for services provided by the shipping company carrier on your behalf and all claims, damages, fines and expenses incurred as a result of customs or your or the consignee’s failure to provide proper documentation or to obtain any required authorizations, licenses or permits and any other expenses that are assessed or incurred in connection with shipments tendered by you (collectively, "Additional Charges"). If your original payment is made by use of a credit card, you expressly authorize Overland Trailers or the third-party shipping company to obtain payment of the Additional Charges by use of such credit card. You will defend, indemnify and hold harmless Overland Trailers and its affiliated companies, and their respective officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of your failure to so comply with the Overland Trailers or third-party shipping company terms and conditions or legal requirements applicable to your shipping activities.
C. RATE QUOTES
The courtesy rates reflected by the Quick Quote and Create Shipment functions on overlandtrailers.com, if shown, may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, incorrect classification, additional services requested, and other factors.
D. TERMINATION OF USE
Overland Trailers may change the overlandtrailers.com content at any time without notice, and Overland Trailers may block, terminate, suspend, or otherwise restrict your access to overlandtrailers.com at any time for any reason at its sole discretion, even if it allows access to others.
(3) INTELLECTUAL PROPERTY
i. Proprietary Rights to Content
All materials contained on overlandtrailers.com are copyrighted, except where explicitly noted otherwise. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on overlandtrailers.com ("Content") are the property of Overland Trailers or its licensors, and are protected by copyright, trademark, patent, and other intellectual property laws. You understand and agree that you are permitted to use this Content only as expressly authorized by this Agreement and you may not copy, reproduce, distribute or create derivative works from this Content without prior, express authorization from Overland Trailers.
ii. Limited Copy and Use of Materials
iii. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to our Designated Agent.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's email address in our records, or written communication sent by first-class mail to a user's physical address in our records.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Trademarks and Service Marks
The use of the Overland Trailers, Overland Trailers Select Services, and Overland Trailers Tradeshow Select trademarks (collectively, “Marks”) is prohibited without the prior written consent of Overland Trailers.
(4) DISCLAIMER OF WARRANTIES AND LIABILITIES
We work hard to make overlandtrailers.com as accurate and useful as possible, but we cannot guarantee that our users will always find everything to their liking. Please read these Disclaimers carefully before using overlandtrailers.com. USE OF OVERLANDTRAILERS.COM AND THE CONTENT AND SERVICES CONTAINED IN OR OFFERED THROUGH OVERLANDTRAILERS.COM IS AT YOUR SOLE RISK. NEITHER OVERLAND TRAILERS NOR ANY OF ITS SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW ARISING OUT OF YOUR USE OR INABILITY TO USE OVERLANDTRAILERS.COM IN ANY MANNER, FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES OR MATERIALS ON OVERLANDTRAILERS.COM, FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA OVERLANDTRAILERS.COM, FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON RESULTING FROM YOUR USE OF OVERLANDTRAILERS.COM INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS OR DATA, EVEN IF YOU HAVE ADVISED OVERLAND TRAILERS OF THE POSSIBILITY OF SUCH DAMAGES.
OVERLANDTRAILERS.COM IS BEING PROVIDED BY OVERLAND TRAILERS, BUT THE OPINIONS EXPRESSED BY YOU DO NOT NECESSARILY REFLECT THE OPINIONS AND BELIEFS HELD BY OVERLAND TRAILERS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OVERLANDTRAILERS.COM IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
OVERLANDTRAILERS.COM AND THE CONTENT AND SERVICES CONTAINED IN OR OFFERED THROUGH OVERLANDTRAILERS.COM ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERLAND TRAILERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OR INABILITY TO USE OVERLANDTRAILERS.COM AND THE CONTENT AND SERVICES CONTAINED IN OR OFFERED THROUGH OVERLANDTRAILERS.COM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, AND THE USE OR INABILITY TO USE OVERLANDTRAILERS.COM CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OVERLAND TRAILERS DOES NOT WARRANT THAT FEATURES ON OVERLANDTRAILERS.COM WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. THE INFORMATION ON OR PROVIDED BY OVERLANDTRAILERS.COM COULD CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. OVERLAND TRAILERS ASSUMES NO OBLIGATION TO CORRECT ANY ERROR, INACCURACY OR DEFECT IN OVERLANDTRAILERS.COM. FURTHER, OVERLAND TRAILERS DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF THE FEATURES ON OVERLANDTRAILERS.COM IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY OVERLAND TRAILERS, AN AUTHORIZED REPRESENTATIVE OF OVERLAND TRAILERS SHALL CREATE A WARRANTY THAT IS INCONSISTENT OR CONFLICTING WITH THE FOREGOING DISCLAIMER.
(5) MISCELLANEOUS PROVISIONS
A. LINKS TO OTHER SITES
C. GOVERNING LAW
This Agreement and the relationship between you and Overland Trailers has been made in and shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. By using overlandtrailers.com, you consent that any controversy or claim arising out of or relating to this Agreement or relating to use of overlandtrailers.com and the material contained in overlandtrailers.com shall be resolved in the state and federal courts located in Ohio. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
E. RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.