Terms and Conditions
These terms and conditions set out the terms and conditions between you, the customer, and Overhead Solutions (“us”, “we”, "our"), governing the use of our website and our downloadable digital products including the content therein (the “products”). Your use of our website, and purchase, download, and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download, or use any of our products.
2.0 License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention, and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
3.0 Intellectual Property
The products, whether modified or not and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business, or anticipated benefits whether arising under tort, contract, negligence, or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6.0 Governing Law and Jurisdiction
The validity, legality, and construction of these terms and conditions or any of its provisions shall be governed exclusively by the laws of the State of Maryland excluding its conflicts of law rules. If any part of the terms and conditions should be found by a court of competent jurisdiction to be unenforceable in whole or in part, then you agree that such court may enforce these terms and conditions to the fullest extent permissible under the law, and to the fullest extent necessary to carry out our intentions. You agree that the exclusive jurisdiction for any dispute between you and us arising out of and/or relating to these terms and conditions shall be in Maryland and the venue for any action arising out of and/or relating to these terms and conditions shall be exclusively in the Circuit Court of Baltimore County (Towson), Maryland or the United States District Court for the District of Maryland (Baltimore City) if the rules for federal jurisdiction are satisfied. You expressly consent to the choice of law, jurisdiction, and venue outlined in this Section. Moreover, both you and we expressly waive the right to trial by jury in any lawsuit or proceeding relating to or arising in any way from these terms and conditions and/or your use of this website.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied, or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us because you breach these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
Please do not hesitate to contact us regarding any matter relating to this Digital Products Terms and Conditions of Sale Policy via email at email@example.com.