OVERHEAD ATHLETIC INSTITUTE, LLC’S INTERNET SITE TERMS AND CONDITIONS

OVERHEAD ATHLETIC INSTITUTE, LLC’S INTERNET SITE TERMS AND CONDITIONS

 

Updated: February 9, 2018

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.

By using the Site (as herein defined), you agree to these terms and conditions as well as the contents of the Privacy Statement, which is incorporated herein by reference.

Overhead Athletic Institute, LLC may modify, change, add, or remove portions of these Terms and Conditions from time to time and without notice. Your continued usage of this website (the “Site”) constitutes your acceptance of any such changes.  If you do not agree to the terms set forth below, do not use the Site.

RESTRICTIONS ON USE

Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Overhead Athletic Institute, LLC or any of its related, affiliated, or subsidiary companies (together, “OAI”) may not be copied, distributed, republished, scraped, extracted, accessed, downloaded, uploaded, displayed, posted, transmitted, sold, used, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of OAI. All text, graphics, interfaces, photographs, designs, logos, artwork, code, and other content, is protected by copyright, trademark, and other intellectual property laws. Modification or use of any of the foregoing for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and OAI’s intellectual property rights. The material, services, data, and information on the Site is provided for lawful purposes only. All rights not expressly granted herein are reserved to OAI. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security measures on the Site, your non-exclusive limited license to use the Site and related content automatically terminates.

Without limiting the generality of the preceding paragraph or anything else in these Terms and Conditions or Privacy Statement, you agree not to use, or cause to be used, any computerized or other automated program or mechanism, including without limitation any scraper, spider, or robot, to access, extract, download, scrape, display, transmit, publish, any materials, data, or information (including pricing information) on any OAI Website (including the Site itself) for any purpose, including without limitation for purposes of selling or offering to sell such materials, data, or information to any competitor of OAI.  Further, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, site or other medium for any purpose, without OAI’s express prior written consent.

SUBMISSIONS

Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to OAI, another user of the Site, or the Site’s third-party server, through the Site (together, the “Submission”) shall automatically be granted to OAI in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license.  For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate these Terms and Conditions or any rights of any third party.

OAI will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future OAI operations. Except as noted below in this paragraph, OAI will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. OAI may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person. OAI does not control or endorse the Submissions and disclaims all liability relating to the Submissions.  Personally identifiable information that may be received at the Site is provided voluntarily by you. This shall be used solely in accordance with OAI’s Privacy Statement provided on the Site. You acknowledge that you are responsible for whatever Submission you may submit, and you, not OAI, have full responsibility for the message, including its legality, reliability, accuracy, appropriateness, originality, and copyright.

 

THIRD PARTY CONTENT

In addition to official pages on the Site containing the content of OAI in support of OAI’s business, the Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of OAI. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). OAI does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. OAI is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Use of Third Party Content and Third Party Applications is at the user’s own risk and OAI makes no endorsement, claim, or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, or websites linking to the Site. Such content is not under the control of OAI and OAI is not responsible for the contents of any Third Party Content or any link contained in a linked website, or any review, changes or updates to Third Party Content. Your use of Third Party Content will be subject to that third party’s terms and conditions, if any, and its privacy and data gathering policies.

DISCLAIMER

The materials, services, DATA AND INFORMATION ON the Site could include inaccuracies or errors. OAI may make changes (INCLUDING REMOVAL OF CONTENT OR SERVICES) or improvements at any time. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. OAI DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OAI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OAI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, OAI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY OAI AT ANY TIME AND WITHOUT PRIOR NOTICE.

Except as described otherwise, all materials, services data, and information on the Site are made available only to provide information about OAI. OAI controls and operates the Site from its headquarters in Hillsborough, North Carolina, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations you are responsible for compliance with applicable local laws.

LIMITATION OF LIABILITY

The use of the Site and the MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE is at your sole risk. neither OAI, its affiliates, nor their respective officers, directors, employees, and agents will not be liable for any damages or injury to person or property, including, but not limited to, any damages or injury caused by OR OTHERWISE RELATED TO any USE, failure of performance, error, omission, interruption, defect, DOWNTIME, delay in operation of transmission, computer virus or other harmful code, or line failure. OAI will not be liable for any damages or injury (including, without limitation, SPECIAL, incidental OR consequential damages, personal injury/wrongful death, lost profits, property damage, or damages resulting from lost data or business interruption) arising in tort, contract, or otherwise, that RELATE TO the site or any materials, SERVICES, DATA OR INFORMATION contained OR OFFERED therein, even if there is negligence or OAI or a OAI representative has been advised of the possibility of such damages, or both. FURTHER, OAI’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not IN ANY EVENT EXCEED THE GREATER OF (A) the AGGREGATE amount you paid to access the Site DURING THE IMMEDIATELY-PRECEDING 12 MONTH PERIOD AND (B) $100.00.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

TERMINATION

OAI may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use OAI’s goods or services as obtained through the Site at any time and in its sole discretion without prior notice. Your right to use the Site, any services provided on the Site, and/or the license to use OAI’s goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:

  1. Using the Site for any purpose in violation of local, state, national, or international laws;
    2. Using material that infringes on the intellectual property rights of OAI or others or on the privacy or publicity rights of OAI or others;
    3. Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OAI in its sole discretion;
    4. Distributing viruses or other harmful computer code;
  2. Taking any action that interferes with the use or functionality of the Site;
    6. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of OAI, exposes OAI or any of its customers or suppliers to any liability or detriment of any type.
  3. More than one person using a unique user account on the Site without OAI’s written permission.

 

In addition, OAI shall have the right, but not the obligation, to suspend or terminate your account at any time in the event OAI has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised.

INDEMNITY

You agree to defend, indemnify, and hold OAI, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys’ fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including the Submissions.

JURISDICTION AND VENUE

You expressly agree that exclusive jurisdiction for any dispute with OAI, or in any way relating to your use of the Site or these Terms and Conditions, lies in the federal and state courts serving Rochester, Michigan, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving OAI. These Terms and Conditions are governed by the laws of the State of Michigan, without respect to its conflict of laws principles.

MISCELLANEOUS

If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Site. Please refer to the Privacy Policy for more information.

INTELLECTUAL PROPERTY INFORMATION AND POLICY

Overhead Athletic Institute and the Overhead Athletic Institute works are the intellectual property of Overhead Athletic Institute, LLC.  All other intellectual property on the Site are the property of the respective intellectual property rights owners.

You may not use, post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to OAI or others without obtaining the prior written consent of the owner of such rights.  OAI will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to OAI by such right-holder.

ORDERS

OAI reserves the right to refuse any order placed on the Site. OAI may, in its sole and absolute discretion, limit or cancel quantities of any order for any reason.  In the event OAI changes or cancels your order, OAI will attempt to notify you by sending you an e-mail and/or contacting you via the billing address/phone number provided at the time your order was made.  Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Questions or comments regarding the Site should be directed by electronic mail to overheadathletics@gmail.com or via U.S. mail to Overhead Athletic Institute, LLC, 1773 Star Batt Dr., Rochester, MI 48309