Effective Date: December 30, 2025
Introduction
This Terms of Agreement (“Agreement”) constitutes a legally-binding agreement between you (“user” or “you”) and Overcome and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the https://overcome.net/ website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). You accept and agree to be bound by this Agreement by continuing to use the Website.
Terms and Conditions May Change
Overcome reserves the right to modify and update this Agreement from time to time without giving prior notice. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement after any such modification becomes effective.
Privacy Policy
We care about the privacy of our users. Please review the Overcome Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in accordance with our Privacy Policy.
International Use
By choosing to access the Website from any location, you accept full responsibility for compliance with all local laws that are applicable. Overcome makes no representation that materials on the Website are appropriate or available for use in all locations and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations.
Limited License and Permitted Use
You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Website pursuant to the requirements and restrictions of this Agreement. The content and software on this Website is the property of Overcome and is protected by U.S. and international copyright laws. You agree that you are only authorized to visit, view and to retain a copy of pages for the Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use unless otherwise specifically authorized by us to do so. This Website may not be used by you for any commercial purposes such as to conduct sales or services of any kind without our express written consent. Overcome may change, suspend, or discontinue any aspect of the Website at any time. Overcome may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Website. Except as provided in this Agreement, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its content in whole or in part. You shall not reverse engineer, decompile or modify the Website, in whole or in part or otherwise use the Website or the information contained therein or results derived therefrom to develop any products or services to be competitive with the Website, Overcome or its affiliates.
Violation of this Agreement
You understand and agree that in Overcome’s sole discretion, and without prior notice, Overcome may terminate your access to the Website, or exercise any other remedy available and remove any unauthorized user information, if Overcome believes that the information you provide has violated or is inconsistent with this Agreement, or violates the rights of Overcome, or any third party, or violates the law.
Disclaimer of Warranties
To the fullest extent permitted by law, Overcome, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website our services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Overcome makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to this Website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Website or our services, (e) any bugs, viruses, or the like which may be transmitted to or through the Website by any third-party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. NEITHER OVERCOME NOR ITS SUBSIDIARIES MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVIALABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FORM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.
Professional Advice Disclaimer
Overcome may provide information related to healthcare, finance, and other fields for informational purposes only, which should not be construed as professional advice. The information provided in this Website, or through links to other third party sites, is not a substitute for obtaining proper medical, financial, or other professional care or services. We are not engaged in providing professional advice via this Website or otherwise. You should not view the information provided on this Website as a substitute for advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed professional in the relevant field. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Website. Overcome does not warrant the accuracy, completeness or currency of the information provided on and made available through this Website. Overcome does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Website.
Registration
In order to access certain areas of the Website and use certain functions or features of the Website, you may be required to register. There is no charge to register, but you may need to provide certain information and choose a unique username, email address, and password. We reserve the right to remove, reclaim or change a username you select if we determine it is inappropriate in our discretion, such as when the username is obscene or otherwise objectionable. By logging into the Website, you represent and warrant that (i) you are the customer who registered for the services, (ii) that you are using the services only for permitted purposes, (iii) you are not a competitor of Overcome, (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security, and (v) you will ensure that you exit from your account at the end of each session.
Availability of the Website
You agree that from time to time we may remove the Website for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.
Contributions and Acceptable Use
When you create or make available text, videos, comments, suggestions or personally-identifiable information or other material (collectively “Contributions”) to Overcome and/or to or via the Website, you thereby represent and warrant that the material will not contain any items that may be unlawful or unfit for publication, including but not limited to material that (a) infringes the proprietary rights of any third party; (b) is obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable as determined by Overcome; (c) incites, encourages or threatens physical harm against another; (d) includes any offensive comments; (d) violates, or links to material that violates, any provision of this Agreement or any applicable law or regulation; or (e) contains any virus, worm, malware or other potentially damaging programs or data.
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. But by posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you expressly grant to Overcome an unrestricted, irrevocable, non-exclusive, transferable, sublicensable royalty-free, worldwide right and license to host, use, reproduce, disclose, publish, publicly display, reformat, transmit, and distribute such Contributions for any purpose in any media formats and channels.
Limitation of Liability
To the extent permitted by applicable law, under no circumstances shall Overcome or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Website or our services, your inability to use the Website, or from information provided on the Website even if Overcome has been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis.
Third-Party Content
The Website may contain links to other websites (“Third-Party Websites”) as well as articles, graphics, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Overcome does not endorse nor is responsible for the content on third-party websites.
Copyright and Trademarks
The content on the Website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Overcome, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Overcome.
Copyright Infringement Claims
If you believe that content available on or through our Website infringes one or more of your copyrights, please immediately notify us by mail or email (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. Sec. 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed material.
- Description of the copyrighted work that you allege is being infringed.
- Description of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, along with information permitting us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed material.
Notifications should be sent to the contact information provided at the end of this Agreement.
Service Agreements
Specific services provided by Overcome to clients will be governed by separate service agreements. In the event of any conflict between this Agreement and a specific service agreement, the terms of the service agreement will prevail.
Inaccuracy Disclaimer
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Overcome reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold Overcome, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of our services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Disputes, Arbitration Agreement and Waiver of Certain Rights
If there is a dispute between users of the Website, or between users and any third-party, you understand and agree that Overcome is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Overcome, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our services.
If there is a dispute, controversy or claim (“Dispute”) between you and Overcome regarding these Terms and Conditions or the Website, you agree that we will resolve any Disputes through final and binding arbitration instead of through court proceedings. You and Overcome hereby waive any right to a jury trial of any Dispute. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. A single arbitrator will hear and determine the arbitration, which will be kept confidential along with the proceeding any all elements of it, such as pleadings and briefs. The arbitrator’s decision will be both final and binding.
Contact Us
In order to resolve a complaint or to receive further information regarding use of our services, please contact us through the contact form on our website: https://overcome.net/contact/