Terms & Conditions
Last updated: December 30, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Coberry website (the “Service”) operated by Overscout, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, and a valid payment method. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. Charges may be subject to value added tax that may be added to the list price.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
We, in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion.
Service and Data
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your email address and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The extent of your usage of the Service is dependent on your Subscription’s plan. You shall not exceed the usage limits associated with your Subscription’s plan. Unused amounts of call usage will not be carried over from one monthly period to the next. If you exceed your usage limit, the Service will return an error message stating that your usage limit has been reached and no further calls can be made.
It is your sole responsibility to ensure that your application properly detects and handles any returned error messages. We reserve the right to limit or throttle the number of network calls available to your application if we (in our sole discretion) believe that such calls are being made for malicious reasons, or as the result of a technical error.
Service Inaccessible or Inoperable
You hereby acknowledge that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation
- equipment (hardware) malfunctions;
- software malfunctions;
- periodic maintenance procedures or repairs which we may undertake from time to time; and/or,
- causes beyond the reasonable control of us and/or not reasonably foreseeable by us.
Third Party Services and Products
We may use third-party services and products within the Service (“Third Party Services and Products”), including, but not limited to, payment processing services, information and communication services, and analytics services. Your use of Third Party Services and Products may be subject to such third party’s terms of service to be accepted by you prior to your use of such Third Party Services and Products, including but not limited to the YouTube Terms of Service, available at https://www.youtube.com/t/terms.
Right to Change Content or Format
You acknowledge that we may from time to time, and in our sole discretion, update or change the content or format of the Service’s data. We shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since we strive to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the Service in order to ensure functionality of your application.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service and its original content, features and functionality are and will remain the exclusive property of Overscout, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Overscout, Inc..
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Overscout, Inc.
Overscout, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Overscout, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Limitation of Liability
In no event shall Overscout, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You are permitted to state publicly that you have a Subscription to the Service. You agree that we may include your company’s name and trademarks in a list of the Service’s subscribers, online or in promotional materials. You also agree that we may verbally reference your company’s name and trademarks as a subscriber of the Service. You may opt out of the provisions in this section by contacting us.
Provided in Good Faith
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided in good faith without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Overscout, Inc., its subsidiaries, affiliates, and its licensors do not warrant that
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
You agree to defend, indemnify and hold harmless Overscout, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of
- your use and access of the Service, by you or any person using your account and password, or
- a breach of these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.