Terms and Conditions
Overthecap, LLC. (“OTC”) provides information and visualizations pertaining to professional football to provide you, the user (“You”), with increased awareness about professional football. The information presented by OTC is collected from various media outlets, public and private sources, and, in some cases, estimated based on the knowledge of its analyst’s. No warranty or claim is made to the accuracy of the data provided. All products and services described in this Section, as well as any other products and services offered by OTC at any time shall be defined herein as “Service” or “Services”.In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by OTC from time to time at our sole discretion by posting an updated version to our website. You should therefore periodically visit this page to review the Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you must discontinue use of the Services. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of OTC Services may be governed by separate terms and conditions, agreements and privacy policies.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
- OTC’S PREMIUM SERVICE
OTC presents various data pertaining to professional football. Special modules have been developed that are only accessible via the OTC premium member plan to provide a better and more comprehensive view of football contracts, rosters and other items as they pertain to professional football. OTC membership is a flat rate fee membership plan that is provided on an annual basis to You the user.
- REGISTRATION INFORMATION
Registration will be required for access to certain OTC Services. We will not grant any user access to any Services until such user has completed the necessary registration and paid the applicable subscription fees, if any, associated with access to the Services.
You shall keep your username and password for the Services confidential and shall use your username and password solely in accordance with this Agreement. You shall not disseminate, distribute or otherwise share your username and password with any other person as the registration is non-transferrable. You shall immediately notify us at email@example.com if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services.
- BILLING AND RENEWAL POLICIES
Your registration for any OTC Services will be on a year-to-year recurring basis, beginning on the date of your registration and continuing for one year from the date of your registration unless and until you cancel your registration or we terminate it (in each case in accordance with this Agreement). You authorize us to collect the applicable subscription payment and applicable taxes each year. You can cancel your subscription at any time, but you must cancel your subscription before it automatically renews in order to avoid being charged for subsequent subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT RENEWAL PERIOD FOR WHICH YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR A FULL YEAR AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.
- USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited by law.
- MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
- COPYRIGHT RIGHTS
The Services, and the content provided through the Services, are solely for your own individual use and informational purposes. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. You may not create derivative works, nor distribute, sell, or publish in full any content from the Services. Any systematic retrieval, by manual, automated or other means, of data or other content from the Services whether to create or compile any database, collection, compilation, directly or otherwise is prohibited with our express written consent. To be clear this means no data is allowed to be used by or provided to any websites, internet publications, or other blogs for the purpose of providing comprehensive information on professional football contracts, rosters, or player valuations. Please contact firstname.lastname@example.org for the rights to cite the data for informational purposes in print, broadcast, world wide web, radio or other media.
- ACCESS TO THE SERVICES
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Services are designed for use primarily on desktop based computer systems. Services will be provided on mobile devices and tablets but the design of the Service is not optimized for these formats. OTC is not responsible for any limitations to access that is caused by browser incompatibility, mobile or tablet incompatibility, software interference, or limitations provided by a host or network provider. OTC may at times be inaccessible due to problems including, but not limited to, server failure, power failures, and network failures.
- AVAILABILITY OF SERVICES
The availability of the content on the Services may be affected by a variety of factors, including, but not limited to, server failure, power failures, network failures, other technical problems, or changes that prevent OTCs ability to collect the necessary data to provide these Services. You agree that we are not obligated to provide you with any specific content under this Agreement.
- SPECIAL TERMS AND CONDITIONS
We reserve the right to modify the price of any Services and/or any other products offered for purchase through our website, apps or social media outlets. We are not responsible for any error in copy relating to any Services or products offered for purchase.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or Services by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational pages of our website. It is your responsibility to notify us of any change in your e-mail address by logging into our website and updating your contact information. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
- COMPLIANCE WITH LAWS AND REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from us. By accessing the Services, you represent and warrant that you will not use the Services for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Services in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.
- PROHIBITED USES
You shall not interfere or attempt to interfere with the operation of the OTC Site or Services in any way through any means, software, routine, or device including, but not limited to, spamming, hacking, or uploading computer viruses, trojan horses, time bombs, spyware, cancelbots, Easter eggs, or the means expressly prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy OTC’s Site, Services, or any content contained thereon or for any other purpose without OTC’s prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on OTC infrastructure10.
- DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICES, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICES. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS AND HOURS OF OPERATION.
- LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR ANY WEBSITE LINKED TO OR FROM THE SERVICES, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEBSITE LINKED TO OR FROM THE SERVICES OR ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WE RESERVE THE RIGHT TO ALTER THE CONTENT OF THE SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00)
Upon our request, you agree to indemnify and hold harmless OTC and our subsidiaries, affiliates, directors, officers, agents, licensors, co-branders and other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any of information that you submit, post to or transmit through the Services, your use of the Services, your use of any products, your violation of this Agreement or your violation of any rights of another.
- NO WAIVER
Our failure to enforce any provisions of this Agreement or to respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
- NO PROFESSIONAL ADVICE
Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Services, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including, but not limited to, economic loss, injury, illness or death.
- TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Services, with or without notice and with or without cause. In addition, you may request that we terminate your access to any Service or product by e-mailing email@example.com. Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we are granting to you under this Agreement. The provisions of this Agreement will survive the termination of your access to the Services and of this Agreement. If your access to a Service has been terminated, you may be entitled to a refund based on a prorated basis. Please contact us firstname.lastname@example.org for more information in this instance.