TERMS OF SERVICE AGREEMENT
https://www.overlandcarts.com
Download a copy of these terms: Overland Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 07/31/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with Overland Carts, also known
a s Overland Carts, located at 595 East Lugbill Road, Archbold, Ohio 43502 and our subsidiaries and
affiliates, in association with the use of the Overland Carts website, which includes
https://www.overlandcarts.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
OverlandCarts.com is designed to display and feature information on Overland Carts. There is a live chat
and contact us form for questions, quotes, or to place an order.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our
Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications may
be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Overland Carts. At its discretion, Overland Carts may
offer additional website Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Overland Carts does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user
and/or member, acknowledge, accept and agree that Overland Carts shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.
Your continued use of the Services provided, after such posting of any updates, changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,
revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall
be provided “AS IS” and as such Overland Carts shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or
personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a
legally binding contract. In addition, you must be in good standing and not an individual that has been
previously barred from receiving Overland Carts’s Services under the laws and statutes of the United States
or other applicable jurisdiction.
When you register, Overland Carts may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account informa?on at
any time. Once you register with Overland Carts and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Overland
Carts will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect
of the Agreement, and as such refuse any and all current or future use of Overland Carts Services, or any
portion thereof.
It is Overland Carts’s priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13
that permit their child or children access to the Overland Carts website platform Services must create a
“family” account, which will certify that the individual creating the “family” account is of 18 years of age
and as such, the parent or legal guardian of any child or children registered under the “family” account. As
the creator of the “family” account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the
Overland Carts Online Privacy Policy (see the full Privacy Policy at
https://www.overlandcarts.com/privacy-policy/ ). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by Overland Carts and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify Overland Carts immediately if you notice any unauthorized access or use of your
account or password or any other breach of security. Overland Carts shall not be held liable for any loss
and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,
software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the
content originated. In short, this means that you are solely responsible for any and all content posted,
uploaded, emailed, transmitted or otherwise made available by way of the Overland Carts Services, and as
such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that
by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions
in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted or otherwise made available by Overland Carts.
Furthermore, you herein agree not to make use of Overland Carts’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Overland Carts officials,
forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an
individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Overland Carts Services, servers and/or networks that may be
connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a “foreign terrorist
organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Overland Carts herein reserves the right to pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove and/or delete any such content that would
violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Overland Carts herein reserves the right to access, preserve and/or disclose member account information
and/or content if it is requested to do so by law or in good faith belief that any such action is deemed
reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Overland Carts, its visitors, users and
members, including the general public.
Overland Carts herein reserves the right to include the use of security components that may permit digital
information or material to be protected, and that such use of information and/or material is subject to usage
guidelines and regulations established by Overland Carts or any other content providers supplying content
services to Overland Carts. You are hereby prohibited from making any attempt to override or circumvent
any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite whether done so
in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using https://www.overlandcarts.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages, uploading
of files, photos and/or videos, you will be causing communications to be sent through our computer
network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that
the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Overland Carts shall not lay claim to ownership of any content submitted by any visitor, member, or user,
nor make such content available for inclusion on our website Services. Therefore, you hereby grant and
allow for Overland Carts the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Overland
Carts’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed and/or made available
for viewing. This license shall be available so long as you are a member of Overland Carts’s sites,
and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Overland Carts’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of Overland Carts’s sites and shall terminate at such time when you elect to discontinue
your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
Overland Carts’s sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Overland Carts’s sites are those such areas
of our network properties which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and members. However, those areas
which are not open to the public, and thus available to members only, would include our mail system and
instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Overland Carts provides an area for our users and members to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge
and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Overland Carts shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Overland Carts shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Overland Carts; and
e) Overland Carts is under no obligation to either compensate or provide any form of reimbursement in
any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Overland Carts, our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which may arise
from any content a member or user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Overland Carts Services or your connection with these Services,
your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Overland Carts’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Overland Carts may set up any such practices and/or limits regarding the use
of our Services, without limitation of the maximum number of days that any email, message posting or any
other uploaded content shall be retained by Overland Carts, nor the maximum number of email messages
that may be sent and/or received by any member, the maximum volume or size of any email message that
may be sent from or may be received by an account on our Service, the maximum disk space allowable that
shall be allocated on Overland Carts’s servers on the member’s behalf, and/or the maximum number of
times and/or duration that any member may access our Services in a given period of time. In addition, you
also agree that Overland Carts has absolutely no responsibility or liability for the removal or failure to
maintain storage of any messages and/or other communications or content maintained or transmitted by our
Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no
longer active for an extended period of time. Furthermore, Overland Carts shall reserve the right to modify,
alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals
with whom you communicate with the ability to save your conversations in your account located on
Overland Carts’s servers. In this manner, you will be able to access and search your message history from
any computer with internet access. You also acknowledge that others have the option to use and save
conversations with you in their own personal account on https://www.overlandcarts.com. It is your
agreement to this TOS which establishes your consent to allow Overland Carts to store any and all
communications on its servers.
MODIFICATIONS
Overland Carts shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification,
suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of https://www.overlandcarts.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or termination request to
support@graniteind.com.
As a member, you agree that Overland Carts may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with your account, and access to any
of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access
shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
https://www.overlandcarts.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or
any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with https://www.overlandcarts.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within
https://www.overlandcarts.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that Overland
Carts shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a
direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Overland Carts or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites or resources. Furthermore, you
acknowledge and agree that Overland Carts shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the
use of or the reliance on any such content, goods or Services made available on or through any such site or
resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Overland Carts’s Services and any essential software that may
be used in connection with our Services (“Software”) shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized
b y Overland Carts or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
Overland Carts Services (e.g. Content or Software), in whole or part.
Overland Carts herein has granted you personal, non-transferable and non-exclusive rights and/or license to
make use of the object code or our Software on a single computer, as long as you do not, and shall not,
allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein
agree not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided by Overland Carts for use in
accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF OVERLAND CARTS SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. OVERLAND CARTS AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) OVERLAND CARTS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OVERLAND
CARTS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OVERLAND
CARTS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE
OF THE OVERLAND CARTS SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF OVERLAND CARTS SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM OVERLAND CARTS OR BY WAY OF OR FROM OUR
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OVERLAND CARTS
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,
DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED
OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Overland Carts (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected
or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is appropriate. Overland Carts’s content
is provided primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. Overland Carts and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Overland Carts may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any
such notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Overland Carts trademarks, copyright, trade
name, service marks, and other Overland Carts logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of Overland Carts. You herein agree
not to display and/or use in any manner the Overland Carts logo or marks without obtaining Overland
Carts’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Overland Carts will always respect the intellectual property of others, and we ask that all of our users do the
same. With regards to appropriate circumstances and at its sole discretion, Overland Carts may disable
and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Overland Carts Agent for notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
Overland Carts
Attn: Copyright Agent
595 East Lugbill Road
Archbold, Ohio 43502
Telephone: 8774472648
Fax: 4194453304
Email: support@graniteind.com
CLOSED CAPTIONING
BE IT KNOWN, that Overland Carts complies with all applicable Federal Communications Commission
rules and regulations regarding the closed captioning of video content. For more information, please visit
our website at https://www.overlandcarts.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Overland Carts and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Overland Carts
Services. You may also be subject to additional terms and conditions that may apply when you use or
purchase certain other Overland Carts Services, affiliate Services, third-party content or third-party
software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Overland Carts with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of Ohio without regard to its conflict of law
provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the
TOS, or the relationship between you and Overland Carts, shall be filed within the courts having
jurisdiction within the County of FULTON, Ohio or the U.S. District Court located in said state. You and
Overland Carts agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive
any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Overland Carts fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Overland Carts as follows:
Mailing Address:
Overland Carts
595 East Lugbill Road
Archbold, Ohio 43502
Telephone: 8774472648
Fax: 4194453304
Email: support@graniteind.com
Download a copy of these terms: Overland Terms and Conditions