User Agreement
Overland Glovebox Guide™ User Agreement
Please read this User Agreement carefully as it contains important information about your legal rights, remedies and obligations. By accessing or using the Overland Glovebox Guide Platform, you agree to comply with and be bound by this User Agreement.
Last Updated: April 2, 2025
This User Agreement constitutes a legally binding agreement ("Agreement") between you (“User”) and OGG (as defined below) governing your access to and use of the OGG website, including any subdomains thereof, and any other websites through which OGG makes its services available (collectively, "Site"), any mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "OGG Services"). The Site, Application and OGG Services together are hereinafter collectively referred to as the “OGG Platform”. Any of our policies applicable to your use of the OGG Platform are incorporated by reference into this Agreement.
When these Terms mention “OGG,” “we,” “us,” or “our,” it refers to Barefoot Productions LLC, the company you are contracting with.
Our collection and use of personal information in connection with your access to and use of the OGG Platform is described in our [Link to Privacy Policy]
Any and all payment processing services through or in connection with your use of the OGG Platform are set out in the Payment Policy.
Table of Contents
Scope of OGG Services
Eligibility and Use of the OGG Platform
Modification of this User Agreement
Account Registration
Content
Service Fees
Payment Policy & Subscription Terms
Prohibited Activities
Term and Termination
Disclaimers
Liability
Indemnification
Dispute Resolution
Feedback
Applicable Law and Jurisdiction
General Provisions
1. Scope of OGG Services
1.1 The OGG Platform is an online service that enables users to:
Access instructional material and checklists related to vehicle dependent expedition travel and overlanding.
Create custom lists, notes and checklists related to their own travels.
Export and share their notes and checklists with others.
1.2 OGG has full Copyright ownership of the information posted on the Site.
1.3 The OGG Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. OGG is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by OGG of such Third-Party Services.
1.4 Due to the nature of the Internet, OGG cannot guarantee the continuous and uninterrupted availability and accessibility of the OGG Platform. OGG may restrict the availability of the OGG Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the OGG Platform. OGG may improve, enhance and modify the OGG Platform and introduce new OGG Services from time to time. OGG will make every effort to minimize any disruption of service in the management and maintenance of the OGG Platform.
Eligibility, Using the OGG Platform, Subscriber Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the OGG Platform or register an OGG Account. By accessing or using the OGG Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 OGG may make access to and use of the OGG Platform, or certain areas or features of the OGG Platform, subject to certain conditions or requirements.
2.4 The access to or use of certain areas and features of the OGG Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the OGG Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
Modification of these Terms
OGG reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the OGG Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the OGG Platform will constitute acceptance of the revised Terms.
Account Registration
4.1 At this time, Subscribers are not required to register an account to access and use the features of the OGG Platform. In the future, OGG may require Subscribers to register an account to access and use the features of the OGG Platform. At that time current Subscribers shall be notified and asked to complete the account registration process.
4.2 You can register an OGG Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your OGG Account and public OGG Account profile page information up to date at all times.
4.4 You may not register more than one (1) OGG Account unless OGG authorizes you to do so. You may not assign or otherwise transfer your OGG Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your OGG Account credentials and may not disclose your credentials to any third party. You must immediately notify OGG if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your OGG Account. You are liable for any and all activities conducted through your OGG Account, unless such activities are not authorized by you, and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 OGG may enable features that allow you to authorize other individuals or certain third parties to take certain actions that affect your OGG Account. These features do not require that you share your credentials with any other person. No third party is authorized by OGG to ask for your credentials, and you shall not request the credentials of another Subscriber.
Content
5.1 OGG may, at its sole discretion, enable Subscribers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the OGG Platform ("Subscriber Content"); and (ii) access and view Subscriber Content and any content that OGG itself makes available on or through the OGG Platform, including proprietary OGG content and any content licensed or authorized for use by or through OGG from a third party ("OGG Content" and together with Subscriber Content, "Collective Content").
5.2 The OGG Platform, OGG Content, and Subscriber Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the OGG Platform and OGG Content, including all associated intellectual property rights, are the exclusive property of OGG and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the OGG Platform, OGG Content or Subscriber Content. All trademarks, service marks, logos, trade names, and any other source identifiers of OGG used on or in connection with the OGG Platform and OGG Content are trademarks or registered trademarks of OGG in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the OGG Platform, OGG Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the OGG Platform or Collective Content, except to the extent you are the legal owner of certain Subscriber Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OGG or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, OGG grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the OGG Platform and accessible to you, solely for your use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Subscriber Content on or through the OGG Platform, you grant to OGG a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Subscriber Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Subscriber Content to provide and/or promote the OGG Platform, in any media or platform. Unless you provide specific consent, OGG does not claim any ownership rights in any Subscriber Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Subscriber Content.
5.6 You are solely responsible for all Subscriber Content that you make available on or through the OGG Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Subscriber Content that you make available on or through the OGG Platform or you have all rights, licenses, consents and releases that are necessary to grant to OGG the rights in and to such Subscriber Content, as contemplated under these Terms; and (ii) neither the Subscriber Content nor your posting, uploading, publication, submission or transmittal of the Subscriber Content or OGG's use of the Subscriber Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Subscriber Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any OGG policy. OGG may, without prior notice, remove or disable access to any Subscriber Content that OGG finds to be in violation of these Terms or OGG’s then-current Policies, or otherwise may be harmful or objectionable to OGG, its Subscribers, third parties, or property.
5.8 OGG respects copyright law and expects its Subscribers to do the same. If you believe that any content on the OGG Platform infringes copyrights you own, please notify us.
Service Fees
6.1 OGG may charge fees to users ("User Fees") in consideration for the use of the OGG Platform. More information about when User Fees apply and how they are calculated can be found on our Payment Policy page.
6.2 OGG reserves the right to change the User Fees at any time consistent with the Payment Terms then in place between the user and us and will provide users adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any User Fees that you owe to OGG, together with any applicable taxes whether or not collected by OGG. Except as otherwise provided on the OGG Platform, User Fees are non-refundable.
Payment Policy & Subscription Terms
7.1 Subscription Plans
OGG offers several subscription plans, some of which include a free trial period. Unless otherwise noted, all plans automatically renew at the end of the subscription period unless canceled in accordance with our cancellation policy.
Available Subscription Plans:
Adventurer (Monthly)
Trial: 7-day free trial
Price: $7.99/month
Billing: Billed monthly in advance after the trial period ends
Overlander (Annual)
Trial: 21-day free trial
Price: $69.99/year
Billing: Billed annually in advance after the trial period ends
Explorer (Lifetime Access – 3-Month Activation Window)
Trial: No trial; includes special gifting benefit
Price: $399.99 (one-time payment)
Details: Includes 2 complimentary one-year subscriptions to gift to friends or family. The subscription must be activated within 3 months of purchase. Extensions may be available upon request.
Free Trials:
Some plans begin with a 7 or 21-day free trial, depending on the selected tier. At the end of the trial period, your subscription will automatically convert to the corresponding paid plan unless canceled before the trial ends.
Auto-Renewal Policy:
All subscription plans (excluding the Overland plan) automatically renew at the end of each billing cycle for the same duration as the original term. To prevent auto-renewal, you must notify OGG in writing at support@overlandgloveboxguide.com at least 30 days prior to the end of your current subscription period.
7.2 Billing Policies & Refund Terms
Subscription fees are billed in advance at the beginning of each billing cycle (monthly or annually, depending on your plan).
No refunds or credits will be issued for partial use or for any unused portion of your subscription after cancellation.
Any promotional discounts or special pricing applied to a previous subscription period may not apply to renewals or subsequent subscription terms.
7.3 CHANGES IN FEES
We may change the fees for the services at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees.
7.4 PAYMENT OF FEES
As an express condition of your use of and access to the services, you agree to pay all fees applicable to your plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the services. We will bill the fees due under your plan, which may be paid by check or to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
7.5 CREDIT CARD PAYMENTS
You authorize the card issuer to pay any amounts described herein and associated with your plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact OGG if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your OGG username or password). You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
7.6 ACCOUNT CANCELLATION
You may cancel your plan upon 30 days-notice by either calling us and speaking to an authorized account representative or sending an email to support@overlandpassage.com . For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period. If you cancel your plan, you will lose all access, upon the expiration of your current pre-paid period, to the services and any data or information stored in your account.
Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the OGG Platform. In connection with your use of the OGG Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and polices;
use the OGG Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies OGG endorsement, partnership or otherwise misleads others as to your affiliation with OGG;
copy, store or otherwise access or use any information, including personally identifiable information about any other Subscriber, contained on the OGG Platform in any way that is inconsistent with OGG’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Subscribers or third parties;
use the OGG Platform in connection with the distribution of unsolicited commercial messages ("spam");
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
use, display, mirror or frame the OGG Platform or Collective Content, or any individual element within the OGG Platform, OGG's name, any OGG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the OGG Platform, without OGG's express written consent;
dilute, tarnish or otherwise harm the OGG brand in any way, including through unauthorized use of Collective Content, registering and/or using OGG or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to OGG domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the OGG Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by OGG or any of OGG's providers or any other third party to protect the OGG Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the OGG Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the OGG Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You acknowledge that OGG has no obligation to monitor the access to or use of the OGG Platform by any Subscriber or to review, disable access to, or edit any Collective Content, but has the right to do so to (i) operate, secure and improve the OGG Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Collective Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist OGG in good faith, and to provide OGG with such information and take such actions as may be reasonably requested by OGG with respect to any investigation undertaken by OGG or a representative of OGG regarding the use or abuse of the OGG Platform.
Term and Termination, Suspension and other Measures
9.1 This Agreement shall be effective for a term of thirty (30) days, at the end of which it will automatically and continuously renew for subsequent terms of thirty (30) until such time when you or OGG terminate the Agreement in accordance with this provision, unless the Payment Terms in place between the user and us provide otherwise. In that case the terms and conditions of the Payment Terms shall control.
9.2 You may terminate this Agreement at any time by providing us 30-days’ notice by email.
9.3 OGG may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
9.4 OGG may immediately, without notice, terminate this Agreement and/or stop providing access to the OGG Platform if (i) you have materially breached your obligations under these Terms, the Payment Policy, or any of our policies (ii) you have violated applicable laws, regulations or third party rights, or (iii) OGG believes in good faith that such action is reasonably necessary to protect the personal safety or property of OGG, or its users.
9.5 In addition, OGG may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Policy, our policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the OGG Account registration or thereafter, or (iv) OGG believes in good faith that such action is reasonably necessary to protect the personal safety or property of OGG, its users, or to prevent fraud or other illegal activity:
limit your access to or use of the OGG Platform;
temporarily or permanently revoke any special status associated with your OGG Account;
temporarily or in case of severe or repeated offenses permanently suspend your OGG Account and stop providing access to the OGG Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by OGG and an opportunity to resolve the issue to OGG's reasonable satisfaction.
9.6 When this Agreement has been terminated, at our discretion you may not be entitled to a restoration of your OGG Account or any of your User Content. If your access to or use of the OGG Platform has been limited or your OGG Account has been suspended or this Agreement has been terminated by us, you may not register a new OGG Account or access and use the OGG Platform through an OGG Account of another Subscriber.
9.7 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
10. Disclaimers
If you choose to use the OGG Platform or Collective Content, you do so voluntarily and at your sole risk. The OGG Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the OGG Services, laws, rules, or regulations and/or Subscriber Services you are receiving.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
11. Liability
Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the OGG Platform and Collective Content, remains with you. Neither OGG nor any other party involved in creating, producing, or delivering the OGG Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the OGG Platform or Collective Content, (iii) from any communications, interactions or meetings with other persons with whom you communicate, interact or meet with as a result of your use of the OGG Platform, or (iv) from your use of Subscriber Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OGG has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will OGG’s aggregate liability arising out of or in connection with these Terms and your use of the OGG Platform including, but not limited to, from your use of any Subscriber Content via the OGG Platform, or from the use of or inability to use the OGG Platform or Collective Content exceed the amounts you have paid or owe for Subscriber Services via the OGG Platform in the twelve (12) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between OGG and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
12. Indemnification
You agree to release, defend (at OGG’s option), indemnify, and hold OGG and its affiliates and subsidiaries, including but not limited to, OGG, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the OGG Platform or any OGG Services, (iii) your interaction with any person, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, and (v) your breach of any laws, regulations or third party rights.
13. Dispute Resolution and Arbitration Agreement
13.1 Agreement to Arbitrate. You and OGG mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the OGG Platform, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and OGG agree that the arbitrator will decide that issue.
13.2 Exceptions to Arbitration Agreement. You and OGG each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
13.3 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
13.4 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, OGG agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Denver County, Colorado; (c) in any other location to which you and OGG both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
13.5 Modification of AAA Rules - Attorney’s Fees and Costs. You and OGG agree that OGG will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You or OGG may be entitled to seek an award of attorney fees and expenses if you or OGG prevail in arbitration, to the extent provided under applicable law and the AAA rules.
13.6 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
13.7 Jury Trial Waiver. You and OGG acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
13.8 No Class Actions or Representative Proceedings. You and OGG acknowledge and agree that we are each waiving the right to participate as a plaintiff or class Subscriber in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and OGG both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
13.9 Severability. Except as provided in Section 19.8, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
13.10 Survival. This Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the OGG Platform or terminate your OGG Account.
14. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the OGG Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the OGG Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15. Applicable Law and Jurisdiction
If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in Denver, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Denver, Colorado.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between OGG and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between OGG and you in relation to the access to and use of the OGG Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and OGG as a result of this Agreement or your use of the OGG Platform.
16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.5 OGG’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without OGG's prior written consent. OGG may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
16.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by OGG via email, OGG Platform notification, or messaging service (including SMS).
16.8 If you have any questions about these Terms, please email us at: support@overlandpassage.com.