Overbond Terms of Use
Welcome and thank you for visiting Overbond.
Overbond Ltd. (“Overbond”, “we”, “us”, “our”) welcomes you to our platform and website located at, or accessible through, www.overbond.com (the “Website”). Please carefully read the following terms of use (“Terms of Use”) for the Website before browsing or using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth below. IF YOU DO NOT ACCEPT THE TERMS OF USE, YOUR SOLE RECOURSE IS TO LEAVE THE WEBSITE IMMEDIATELY. A copy of these Terms of Use of Use may be downloaded, saved, and printed for your reference.
1. Use of the Website
Any and all content, text, data, information, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Overbond, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
You may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content, in any form whatsoever, without the express prior written consent of Overbond whether for commercial or non-commercial purposes.
The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.
2. Registration, Usernames, and Passwords
To access the platform portion of the Website, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password (the “Credentials”). You alone are responsible for keeping your Credentials confidential and for any and all activity that occurs on this Website under your Credentials, including by any of your employees, representatives, or agents and any other person who may have obtained your Credentials by any means. Overbond assumes no responsibility or liability, and cannot be held liable, for any damages arising from or related to your failure to keep your Credentials confidential and secure. You agree to immediately notify Overbond of any unauthorized use of your Credentials or any other breach of security at info@overbond.com.
Overbond is under no obligation to verify the actual identity or authority of any person using the Credentials to access or use the Website. Overbond may, at its sole discretion and at any time, require proof of identity of any person seeking access to and use of the Website and may deny such access, in whole or in part, if Overbond is not satisfied with such proof.
Overbond reserves the right to cancel or suspend your Credentials and to suspend, cancel or terminate your account, your use or your access to this Website, or any of its services, as well as remove and delete any information or content relative to this Website or one of the services (and terminate your use thereof), for any reason whatsoever and at any time in its sole discretion, without notice and without liability to you or any other person.
3. Web Browser
Overbond shall not be held liable for any damages relating to the use of the Website and any problems with the display caused by your web browser. You agree to access the Website using modern hardware that does not contain viruses and with an up-to-date browser.
4. Linking
The Website may contain links to other websites on the Internet that are owned and operated by third parties and therefore not affiliated with Overbond. The links are provided solely for convenience. These linked websites are independent from Overbond and we have no control over the content, material, or any other information on such linked websites. Consequently, Overbond cannot be held liable and makes no warranty or representation whatsoever as to the content, materials, accuracy, timeliness and/or completeness of the information contained on such websites.
The links that we might place on our Website do not imply that we guarantee, sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade‐mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
5. Disclaimer / Limitation of Liability
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. OVERBOND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OVERBOND DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL OVERBOND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF OVERBOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
6. No Advice
Information, services, features, and content featured on this Website are for informational purposes only and do not constitute financial, accounting, tax, legal or other advice to you and should not be relied upon in that regard. Please consult with your professional advisor with respect to your particular circumstances.
7. Indemnity
You agree to indemnify and hold harmless Overbond, its affiliates, members, directors, officers, employees, agents, consultants, representatives, successors, assigns, and licensors from and against any and all losses, expenses, damages, claims, demands, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting, directly or indirectly, from your, or anyone acting under your Credentials, use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.
8. Privacy
Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information.
9. Changes and Termination
Overbond reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Furthermore, Overbond reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date the Terms of Use were lasted updated at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Overbond to you for so being bound. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH (1) THESE TERMS OF USE (2) ANY POLICY OR PRACTICE OF OURS IN OPERATING THE WEBSITE OR (3) ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS TO STOP VISITING AND USING THE WEBSITE.
10. Trademarks and Copyrights
“Overbond” is a trademark of Overbond. All logos, graphics, typefaces, trademarks, service marks, and trade names appearing on the Website are the registered or unregistered trademarks or trade dress of Overbond. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without express written consent of Overbond or the respective owner.
11. Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.
If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Overbond with respect to the use of the Website, including the Content.
12. Notice
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.
13. Contact
If you have any questions or comments regarding these Terms of Use please contact us at info@overbond.com.
These Terms of Use were last updated January 5, 2023
