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Plain-English summary
OverDrive provides its software and services "AS IS" without any warranties, and users agree that OverDrive is not liable for various damages including lost profits or data. There is no guarantee of uninterrupted or error-free service, and users are not entitled to customer support. The terms can change, and continued use implies acceptance of these changes. OverDrive can terminate access to services or content for violations and can modify, suspend, or discontinue services or content at any time without notice. Any legal disputes must be brought in Ohio courts. Users are responsible for installing their own antivirus software. OverDrive does state that accounts are not intended for those under 13.
88% confidence
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Risks to be aware of
4 findings
Important policy details that can have a material impact on you. We recommend you review these closely.
Not clearly stated: None
high90% confidence
Service provided "AS IS" without warranty
The OverDrive software and services are provided "AS IS" without any warranty of any kind. OverDrive disclaims all warranties, representations, conditions, and duties, whether express or implied, including implied warranties of MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, and NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
Why it matters: You receive the services and software without any guarantees of functionality, accuracy, or fitness for a particular purpose. If something goes wrong, OverDrive is not responsible for losses.
THE OVERDRIVE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OVERDRIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE OVERDRIVE SOFTWARE AND ANY OVERDRIVE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
No Other License, paragraph 3 · Citation strength: strong
high90% confidence
No liability for damages including lost data or profits
You agree that OverDrive shall have no liability arising from or related to your access to and/or use of their software, and they are not liable for lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind, even if advised of the possibility of such losses.
Why it matters: You cannot hold OverDrive responsible for financial losses, data loss, business interruptions, or other indirect damages that may result from using their software or services.
YOU AGREE THAT OVERDRIVE SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE OVERDRIVE SOFTWARE (OR OVERDRIVE’S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL OVERDRIVE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL
No Other License, paragraph 3 · Citation strength: strong
medium90% confidence
Changes to terms are binding with continued use
OverDrive may make changes to the Terms and you acknowledge that your continued use of the Services after the posting of any changes to these Terms means that you agree to be bound by such changes.
Why it matters: You are responsible for checking the terms periodically for updates, and by continuing to use the services, you automatically agree to any changes, even if you are unaware of them.
We will continue to evaluate the Terms against new technologies, business practices, and our users’ needs and may make changes to the Terms accordingly. Please check these Terms periodically for updates. You acknowledge that your continued use of the Services after the posting of any changes to these Terms means that you agree to be bound by such changes.
Any dispute regarding these Terms or the relationship established by them shall be brought in the state or federal courts residing in the State of Ohio, United States of America.
Why it matters: You must travel to Ohio to resolve any disputes with OverDrive, potentially incurring significant travel costs and inconvenience.
Any dispute regarding these Terms or the relationship that has been established by these Terms shall be brought in the state or federal courts residing in the State of Ohio, United States of America, and the local laws of Ohio will apply to any such action related to the above without regard to any conflicts of laws principles. Both parties submit to venue and jurisdiction in these courts.
Compliance with Law and Disputes, paragraph 1 · Citation strength: strong
How your data is used
Not clearly stated
Details on how your data is collected, processed, and shared.
?
Not clearly stated
No cited data-use findings — wording is unclear
None
Cancellation and renewal terms
Not clearly stated
Important information about how to cancel services and how renewals are handled.
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Not clearly stated
No cited billing terms — wording is unclear
None
Other Gotchas
Not clearly stated
Other notable clauses that may be restrictive or unexpected.
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Not clearly stated
No cited gotchas — wording is unclear
None
Consumer Protections
1 finding
These are the policies or practices that help protect you as a user.
Not clearly stated: None
Protection90% confidence
Age restriction for account creation
If you are creating an OverDrive account, you affirm that you are at least 13 years of age and acknowledge that an OverDrive account is not intended for creation and use by individuals under 13 years of age.
Why it helps: This clause helps protect children under 13 by stating that OverDrive accounts are not intended for them, aligning with child online privacy best practices.
If you are creating an OverDrive account, you affirm that you are at least 13 years of age and acknowledge that an OverDrive account is not intended for creation and use by individuals under 13 years of age.
Service License, paragraph 1 · Citation strength: strong
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