Jump to content

Terms and Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. OVERLAND STORAGE, INC. (“OVERLAND”, “WE”, “US”) PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES (COLLECTIVELY, THE “SITE”) SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY USING THE SITE, YOU (“USER”, “YOU”) AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

GENERAL.

Overland reserves the right at any time to: (a) change the terms and conditions of this Agreement or impose new conditions; (b) change the Site; or (c) modify, eliminate or discontinue any of the products and/or services offered or described on the Site, including, without limitation, the e-commerce portion of the Site and any of the products and/or services offered or described thereon (collectively, the “Overland Store”). Any changes we make will be effective immediately upon posting on the Site. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such changes, additions, modifications, eliminations or discontinuations. The latest version of this Agreement can be viewed at Terms of Use. We ask that you bookmark and review periodically this page to ensure continuing familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.

The information on the Site does not constitute, nor shall it be deemed to constitute, an invitation to invest or otherwise deal in shares of Overland or any other company.

Code of Conduct: While using the Site and/or the products and services offered in the Overland Store and anywhere else on the Site (collectively, the “Products”), you agree not to: · Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
· Use the Site and/or the Products for any purpose other than support of your internal business or personal activities in acquiring the Products;
· Use the Site and/or the Products for any unlawful purpose;
· Express or imply that any statements you make are endorsed by us, without our prior written consent;
· Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
· Engage in spamming or flooding;
· Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
· Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site and/or the Products;
· Remove any copyright, trademark or other proprietary rights notices contained in the Site;
· "Frame" or "mirror" any part of the Site without our prior written consent;
· Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
· Harvest or collect information about visitors or members of the Site without their express consent.

While using the Site and/or the Products, you agree to comply with all applicable laws, rules and regulations.

WARRANTY DISCLAIMER. THE SITE, THE PRODUCTS, THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OVERLAND AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR OTHER VIOLATION OF RIGHTS. OVERLAND AND OUR AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT YOUR USE OF THE SITE OR USE OF THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE OR THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR THE MATERIALS ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE PRODUCTS OR THE MATERIALS ON THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF OVERLAND OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR AGENTS, WHETHER MADE ON THE SITE, IN THE PRODUCTS, IN THE MATERIALS ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, OVERLAND: (a) DISCLAIMS AND SHALL NOT HAVE ANY OBLIGATION TO UPDATE OR VERIFY THE ACCURACY OF, AND DOES NOT GUARANTEE THE ACCURACY OF, ANY STATEMENTS LOCATED ON THE INVESTOR RELATIONS, NEWS & INFORMATION AND OTHER SECTIONS OF THE SITE AND (b) IN NO EVENT SHALL BE RESPONSIBLE OR LIABLE FOR THE DELIVERY OF, FAILURE TO DELIVER OR THE CONTENTS OF ANY E-MAIL ALERTS.


A possibility exists that the Site could include inaccuracies or errors or materials that violate this Agreement (including, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that such a situation arises, please contact us at privacy@overlandstorage.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" below.

LIMITATION OF LIABILITY. IN NO EVENT WILL OVERLAND OR OUR AFFILIATES, SUPPLIERS, ADVERTISERS OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATED IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE OR IN OR ON ANY OF THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OVERLAND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

MAKING PURCHASES. If you wish to purchase any of the Products (through the Partner Online Ordering or anywhere else on the Site), you will be asked by Overland to supply certain information applicable to your purchase, including, without limitation, credit card and other personal information. You understand that any such information will be treated by Overland in the manner described in our Privacy Policy, which can be found at Privacy. However, Overland cannot guarantee that a third party will not be able to access such information or any other information sent by you over the Internet. You agree that all information that you provide to Overland will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account, credit card or other payment mechanisms at the price(s) in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to your purchases.

AVAILABILITY OF THE PRODUCTS. Overland makes no guarantee that any of the Products will be available when ordered. Descriptions or images of, or references to, the Products do not imply Overland's endorsement of the Products. We reserve the right, without prior notification, to change such descriptions or references or to limit the order quantity on any of the Products. Verification of information may be required prior to Overland's acceptance of any order. Price and availability of any of the Products are subject to change without notice. Without limiting the generality of the disclaimers in this Agreement, Overland specifically disclaims the accuracy, including completeness, reliability and timeliness, of any descriptions, specifications and other information related to the Products.

SOFTWARE PARTNERS/WORLDWIDE PARTNERS. Overland lists software partners and worldwide partners as an informational service only. These listings are not an endorsement or recommendation, implied or otherwise, of any of these software partners and worldwide partners. Each company listed is independent from Overland and is not under the control of Overland; therefore, Overland accepts no responsibility for, and disclaims any liability from, the actions of the listed companies. You should make your own independent evaluation before conducting business with any company. Partner information on the Site may change without our knowledge. Please contact webmaster@overlandstorage.com with updated information.

LINKS TO THIRD PARTY SITES. There may be links on the Site that will permit you to travel to other, third-party sites over which Overland has no control, including, without limitation, links to news, investment and industry third-party sites (the “External Sites”). Overland makes no representations whatsoever about the content of any of the External Sites or about any of the links contained in the External Sites that you may access through the Site. Overland does not endorse or accept any responsibility for the content on, or use of, the External Sites. You should contact the site administrator or webmaster for any External Site if you have any concerns regarding such links or the content located on such External Site. Furthermore, there are inherent dangers in the use of any software available for downloading on the Internet, and Overland cautions you to make sure that you completely understand the potential risks (including the potential infection of your system by computer viruses) before downloading any software or files. You solely are responsible for adequate protection and backup of the data and equipment used in connection with any software or files.

INTELLECTUAL PROPERTY. You acknowledge and agree that the Site and any necessary software used in connection with the Site (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Overland or our affiliates, suppliers, advertisers and agents, you agree not to modify, rent, lease, loan, sell, assign, sublicense, distribute, grant a security interest in or otherwise transfer any right in the Site or the Software, in whole or in part; reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Site or the Software, in whole or in part; or create a derivative work based on the Site or the Software, in whole or in part. Subject to the foregoing restrictions, Overland grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Overland for use in accessing the Site.

CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Overland infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow Overland to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been filed wrongly against you, the DMCA permits you to send Overland a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Legal Department, Overland Storage, Inc., 4820 Overland Avenue, San Diego, CA 92123, copyright@overlandstorage.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

OWNERSHIP AND RESTRICTIONS ON USE. ©1999-2006 Overland Storage, Inc. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written consent. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

Multi-SitePac? NEO SERIES® NEO® Overland®and design, Overland Storage® Overland® Protection OS® REO® REO 4000® REO SERIES® Simply Protected Storage® Simply Protected® SnapWrite® VR2® VR2® and design, and XChangeNow® are trademarks and/or service marks of Overland Storage, Inc. All other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners.

INDEMNIFICATION. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

JURISDICTION. The Products (whether available for purchase anywhere on the Site) are subject to United States export controls. None of the Products may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, Yugoslavia or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any of the Products, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right to limit the availability of the Site and/or the provision of any of the Products described thereon to any person, geographic area or jurisdiction we so desires at any time and in our sole discretion, and to limit the quantities of any of the Products that we provide. Furthermore, we make no representation that the Products or any other materials in or on the Site are appropriate or available for use in any location where such use is prohibited. Those who choose to access the Site from locations where such access and use are prohibited do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice. You further agree that Overland shall not be liable to you or any third party for the termination of your access to the Site.

LEGAL NOTICES. Under California Civil Code Section 1789.3. California residents are entitled to the following specific consumer rights information:

(a) Pricing Information: Current rates for the Products may be obtained by calling Overland Sales at 1-888-288-4330. We reserve the right to change fees, surcharges, monthly or other periodic fees or to institute new fees at any time as provided in this Agreement.

(b) Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

MISCELLANEOUS. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional, communications. Overland is a California corporation based in the City of San Diego, California. The formation, construction and interpretation of this Agreement and the relationship between Overland and you shall be controlled by California law without reference to California’s conflict of law principles. You and Overland agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the County of San Diego, California. Overland’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.