Terms and Conditions
Overthecap, LLC. (henceforth referred to as “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”.
By accessing, reading, and using this website you acknowledge that you have read, understood, and agree to be bound by all terms and conditions which follow and will govern your use of the OTC website. If, at any time, you do not wish to accept this Agreement, you must discontinue use of the Services and shall no longer use the OTC website. These terms and conditions may be modified by OTC from time to time at our sole discretion by posting an updated version to our website.
USAGE OF WEBSITE CONTENT
OTC presents various data pertaining to professional football. OTC owns this data, content, graphics, forms and any material on this website as well as the way the information is arranged and presented on the website.
The Services, and the content provided through the OTC website, 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 OTC. 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 without our express written consent. To be clear this means no data is allowed to be used by or provided to any websites, internet publications, media outlets, or other blogs for the purpose of providing comprehensive information on professional football contracts, rosters, or player valuations unless contracted by OTC to do so.
You are permitted to download and/or print one copy of the materials of this website for personal use provided you include a complete copy of the entire page. OTC provides an “embed” functionality that may be used to display data in singular instances. If you wish to become a licensee to use the data beyond this permission please contact firstname.lastname@example.org to discuss a license agreement or to cite the data for informational purposes in print, broadcast, world wide web, radio or other media.
The trademarks, service marks, designs and logos (collectively, the “Trademarks”) used and displayed on this website are registered and unregistered Trademarks of OTC. Other trademarks, service marks and trade names may be owned by others including NFL. All other Marks not owned by OTC are property of their respective owners .
THIRD PARTY WEBSITES
OTC makes no representations whatsoever about any other website, including advertisers, which may be accessed through this one. When you access a non-OTC website, please understand that it is independent from OTC, and that OTC has no control over the content on that website and the data that they may collect. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, and other items of a destructive nature.
You may not frame, capture, harvest, or collect any part of the Site or Content without OTC’s advance written consent. The use of data scraping software to capture any content for commercial use is strictly prohibited as is the use of any manual process to copy and paste the date onto any other commercial website, service, or media outlet that “mirrors” the presentation of data provided on OTC. Despite out best efforts to provide accurate information in the Content, errors may occur. Before acting on any information appearing on OTC you should independently verify it’s accuracy.
ACCESS TO THE WEBSITE
OTC may alter, suspend or discontinue this website and your access to use this website at any time for any reason without notice or liability to you or any third party. The availability of the content on the website 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. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data. You agree that we are not obligated to provide you with any specific content under this Agreement.
COMPLIANCE WITH LAWS AND REGULATIONS
You are required to comply with all applicable laws and regulations in connection with your use of OTC, and such further limitations as may be set forth in any written or on-screen notice from us. By accessing the website, you represent and warrant that you will not use the content 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.
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’s infrastructure.
DISCLAIMER OF WARRANTIES
THE SERVICES, WEBSITE, AND RELATED CONTENT 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.
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 OTC, 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 OTC, 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.
ENFORCEMENT OF TERMS AND CONDITIONS
This agreement is governed and interpreted pursuant to the laws of the State of New Jersey, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New Jersey in connection with any dispute or claim involving OTC. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.