Last updated March 31, 2021
IMPORTANT: PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH OVERIZON ON AN INDIVIDUAL BASIS (WAIVING YOUR RIGHT TO A CLASS ACTION) THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2.1. Ownership. The Website and all of its content, features, and functionality (including, but not limited to, all information, software text, displays, images, video, and audio, and the design and arrangement thereof) are owned by Overizon, its licensors, or other providers of such material and are all protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Overizon, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Overizon or its affiliates or licensors. You must not use such marks without the prior written permission of the Overizon. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
2.3. Changes. We reserve the right to withdraw or amend the Website, the terms and conditions upon which You may be able to access the Website, and any services, features, or material we provide on the Website, in our sole discretion and without providing notice to You. 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. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users for any reason at all. Overizon may add new services, features, or material for a fee and may add or amend fees for existing services, features, or material, at any time in our sole discretion. If You choose to purchase the additional services, features, functionality, content, or material, You agree to the pricing and payment terms that may be displayed when You make such purchase, as we may update them from time to time.
2.4. Access Credentials. You may need a username and password to login into the Website and to use certain functions and portions within the Website, including the Product and Services. You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security.
◦ contains any material that is deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
◦ promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
◦ infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
◦ promotes any illegal activity, or advocate, promote, or assist any unlawful act;
◦ causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; or
◦ impersonates any person, or misrepresent Your identity or affiliation with any person or organization.
2.6. Third Party Materials. Information and other content provided by third party licensors and suppliers to Overizon (“Third Party Content”) is, in each case, the copyrighted and/or trademarked work of the owner of such Third Party Content. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content. The Website contains links to other sites and resources provided by third parties and such links are provided for Your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
3.3. Fees. All of our Subscription Plans are billed in advance on a monthly or annual basis. You agree to pay all fees, charges, and taxes to be paid by You in connection with Your purchased Subscription Plan for the duration of the Subscription Term (the “Fees”). All payments made are non-refundable and non-transferable. We reserve the right to change our pricing terms at any time. If we do so, we will let You know by posting the new pricing terms on the Website or through other communications. We also reserve the right to change other terms of our Subscription Plans at any time, including changing the features that can be accessed through a particular Subscription Plan. To purchase a Subscription Plan, You must provide us with current, complete, accurate and authorized credit card or other approved payment method information. You agree to promptly notify us of any changes to the provided payment method while Your subscription remains in effect. You authorize us to automatically charge the provided payment method for the selected Subscription Plan. We will charge You for the Initial Subscription Term at the time of purchase or shortly after purchase. We will charge You for renewals of Your Subscription Plan on a recurring basis, at the beginning of each Renewal Subscription Term, until such time that You cancel pursuant to Section 3.2. You understand that failure to pay any Fees or other charges may result in the suspension or cancellation of Your Subscription Plan. Fees are non-refundable.
3.4. Upgrades/Downgrades. Should You downgrade Your Subscription Plan, the new Fees for such downgraded Subscription Plan will take effect at the beginning of the following Renewal Subscription Term and no pro-rated refund of any prepaid Fees will be issued to You. Should You upgrade Your Subscription Plan, the new Fees for such upgraded Subscription Plan will take immediate effect and You will be charged in full for the upgraded Subscription Plan.
3.7. Feedback. You agree to make reasonable efforts to provide Overizon with oral feedback and/or written feedback related to Your use of the Product, including, but not limited to, a report of any errors which You discover in the Services or related Documentation. Such reports, and any other materials, information, ideas, concepts, feedback and know-how provided by You to Overizon concerning the Product and any information reported automatically through the Product to Overizon (“Feedback”) will be the property of Overizon. You agree to assign, and hereby assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights, to Overizon and agree to assist Overizon, at Overizon’s expense, in perfecting and enforcing such rights.
3.8. License to Branding Elements. You hereby grant to Overizon a non-exclusive, royalty-free, irrevocable, and worldwide license to use Your trademarks, service marks, trade dress, trade names, brand names, logos, corporate names, domain names, and other branding elements on or in connection with Overizon’s promotional, advertising, and marketing materials in all formats and media, including, without limitation, on lists of Overizon’s current or former customers and on advertisements for Overizon and/or the Product, Services, and/or the Website.
5.1. Obligations. You must comply with all applicable federal, state and local laws, rules, regulations, and ordinances relating to telemarketing, data privacy, consumer protection, and any others laws that may relate to Your use of the Services, Product, and Data, including, without limitation, the CAN-SPAM Act, the Telephone Consumer Protection Act, the General Data Protection Regulation of the European Union, and the California Consumer Privacy Act. You shall not, and shall not permit any third party to, license, sell, rent, lease, transfer, assign, distribute to any third party, or commercially exploit the Data, in whole or in part, or use the Data in connection with credit granting, credit monitoring, account review, collections, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act (“FCRA”), interpretations of the FCRA by the Federal Trade Commission, or by similar federal and state statutes.
5.2. Indemnification. You agree that You will indemnify, defend and hold Overizon harmless against any losses resulting from any third party claim against Overizon arising out of or in connection with any violation of any applicable law by You.
6.1. Non-Reliance. The Data and the information presented on or through the Website, the Services, or the Product is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this Data or information. Any reliance You place on such Data information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Data or information by You or any other visitor to the Website or Product user. We do not represent or warrant that You will obtain any minimum number of leads as a result of use of the Product or Data.
6.2. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, OVERIZON, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE PRODUCT, OR ANY THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE, THE PRODUCT, THE SERVICES OR THE DATA. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICES, THE PRODUCT, THE DATA, THE THIRD PARTY CONTENT, AND ANY OTHER INFORMATION, CONTENT OR MATERIAL CONTAINED OR PRESENTED ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OVERIZON DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER
6.3. Exclusion of Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OVERIZON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE SERVICES, THE PRODUCT OR DATA, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 8, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
8.2. Federal Arbitration Act. Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and Overizon expressly agree and intend that this Section satisfies the “writing” requirement of the FAA. This Section can only be amended by mutual agreement.