Terms of use

These Terms of Use apply to the website found at http://www.overdesign.biz/en/ and to other websites provided by OverDesign, Corp. ("OverDesign") or its subsidiaries, including the OverDesign website you are currently using (the "Site"). These Terms of Use should be read carefully upon visiting or otherwise using the Site. OverDesign reserves the right to modify these Terms of Use from time to time.

Acceptance

By using the Site you accept these Terms of Use. If you do not agree with all of these Terms of Use, do not use the Site. Use of the Site is expressly conditioned upon your assent to all these Terms of Use.

Contents

While OverDesign uses reasonable efforts to include accurate information on the Site, OverDesign does not guarantee the accuracy, integrity, timeliness or quality of any material that is found on or in connection with the Site. OverDesign has no liability for any such material, including for any errors or omissions in the content of the Site.

Further, OverDesign, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.

Conduct

The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, including denial of service attacks, imposition of an unreasonable or disproportionately large load on our infrastructure, or virus dissemination.

You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of OverDesign. OverDesign reserves the right to prohibit use of the Site by any user who, in our sole discretion, violates any of these Terms of Use.

Information you send

OverDesign collects certain personal data for purposes of sending you further information about OverDesign products and services. Such information will be used by OverDesign and its affiliates in order to provide such information. Except for such personal data, any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Except for such personal data, anything you transmit may be used by OverDesign or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, and you grant OverDesign a royalty free, perpetual, irrevocable non-exclusive license to reproduce, modify, adapt, create derivative works from, perform, distribute, or publish any such material.

Furthermore, OverDesign is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information.

OverDesign reserves the right to disclose any material transmitted to us, or information relating to such material, if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary to (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to any claim that material contained on or associated with the Site is in violation of any right of any third party; or (iv) to protect the rights, property, or personal safety of OverDesign, its employees, its users, or the general public.

Ownership

All materials on the Site created or provided by OverDesign, including text, graphics, logos, icons, and images, are the property of OverDesign or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of OverDesign and is also protected by United States and foreign intellectual property laws.

You may download, view, copy, and print the materials on this Site for personal use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of OverDesign.

OverDesign reserves the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the Site.

Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

OverDesign and the OverDesign logo are the trademarks of OverDesign, Corp. The other trademarks, service marks, and logos used on the Site are trademarks of OverDesign or others.

Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of OverDesign. The designations ™, ®, ©, SM or any other intellectual property symbols reflect registration and/or use in the context of United States laws as they relate to such intellectual property symbols.

Links to other sites

The Site may contain links to other web sites. OverDesign has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner's products or services.

Disclaimer of warranties

All OverDesign products and services are offered and sold subject exclusively to the Standard Terms and Conditions of Sale set forth in this website. Please refer to the OverDesign Standard Terms and Conditions of Sale Agreement and to any writing on the Site, or on paper, in a document identified as a "WARRANTY," for terms and conditions applicable to the purchase of goods and services from OverDesign.

THE SITE AND ALL OVERDESIGN WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OVERDESIGN EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OVERDESIGN MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material.

OverDesign assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, any of its material, or any other site to which the Site is linked. No information or advice obtained from the Site, whether oral or written, shall create any warranty not expressly stated herein.

Limitation of liability

IN NO EVENT WILL OVERDESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF OVERDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM OVERDESIGN; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED BY OVERDESIGN.

OVERDESIGN SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OVERDESIGN'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Global availability and applicable laws

The Site may contain references to OverDesign products, services, or programs that are not currently available in your country or city. Such references are not intended to announce such products, services, or programs.

OverDesign makes no representation that access to the Site is permitted under the laws of your country or state, and access to the Site is prohibited anywhere such access would violate local law.

You are responsible for compliance with all applicable laws governing your access to the Site. The use of the Site and any claim relating to it or its contents are governed by laws of the state of Florida, United States of America and controlling federal law of the United States of America, without regard to conflict of laws provisions.

General information

The sole jurisdiction and venue of any action related to these Terms of Use shall be the Florida state Courts and the United States federal courts having within their jurisdiction the location of OverDesign's principal place of business, and you and OverDesign agree to submit to personal and exclusive jurisdiction of these courts.

Any failure by OverDesign to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. These Terms of Use are the complete and exclusive agreement between OverDesign and you concerning your use of the Site, and they supersede and cancel all previous agreements, communication, and other understandings pertaining to your use of the Site.

In the event that any term or provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render it and the remaining terms and provisions valid and enforceable to the maximum extent allowed by law.

These Terms of Use do not create an agency, joint venture, or employment relationship, and you do not have the right to bind OverDesign in any respect whatsoever.

The terms and provisions of these Terms of Use may not be assigned, transferred, or sublicensed by you; however, OverDesign reserves the right to assign these Terms of Use in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever.