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Plain-English summary
OverDrive's terms include several potential risks. The company provides its software and services "as is" without warranty and disclaims liability for many types of damages (risk_flags-1, risk_flags-2). You are responsible for installing anti-virus software to protect against malware (gotchas-5) and cannot expect customer support (gotchas-6). OverDrive also reserves the right to modify, suspend, or discontinue services at any time without notice and without liability (gotchas-3). The terms can also change at any time, and your continued use implies agreement to the changes (gotchas-4). Any violations of the terms may result in termination of your access to services (gotchas-1), and the company's maximum liability is limited to the amounts you've paid (gotchas-2). All disputes must be resolved in Ohio courts under Ohio law (risk_flags-3).
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Risks to you
These are the most critical policy elements that may cause you significant harm. We've highlighted them for your careful review.
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No warranty for software and services
OverDrive provides its software and services "as is" without any warranty, and disclaims all implied warranties including merchantability, accuracy, fitness for a particular purpose.
Why it matters: You use the OverDrive software and services without any guarantee of performance, quality, or suitability for your needs. If something goes wrong, you may have no recourse for damages.
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. FURTHER, OVERDRIVE DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE OVERDRIVE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE.
No Other License[](https://www.overdrive.com/policies/terms-and-conditions#no-other-license), paragraph 8 · Citation strength: strong
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Company not liable for many types of damages
OverDrive is not liable for lost profits, lost or corrupted data, computer failure or malfunction, business interruption, or other special, indirect, incidental or consequential damages.
Why it matters: If your use of OverDrive's software or services leads to data loss, computer issues, or business interruption, the company is not responsible for these damages.
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 OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OVERDRIVE SOFTWARE, EVEN IF OVERDRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
No Other License[](https://www.overdrive.com/policies/terms-and-conditions#no-other-license), paragraph 9 · Citation strength: strong
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Mandatory Ohio law and jurisdiction
These Terms are governed by Ohio law, and any disputes will be brought in Ohio state or federal courts.
Why it matters: You waive your right to have disputes heard in your local jurisdiction and must resolve all legal matters in Ohio under Ohio laws.
These Terms shall be governed by the laws of the State of Ohio, without regard to any conflict of laws principles. 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.
Termination of Access[](https://www.overdrive.com/policies/terms-and-conditions#termination-of-access), paragraph 6 · Citation strength: strong
Data Use and Sharing
This section explains how your data is collected, processed, and shared with others.
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No data-use concerns flagged
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Cancellation and Renewal
These clauses outline the terms for canceling services or subscriptions, and how renewals are handled.
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Looking good
No billing surprises spotted
Verbaterm only flags concerns it can cite. No cancellation, auto-renewal, or refund terms needed attention here.
Other gotchas
Heads up! These are other notable policy elements you should be aware of.
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Termination of access for violations
Violating restrictions on service use (e.g., providing inaccurate information, commercial use, interfering with servers) may result in termination of your ability to access the Services.
Why it matters: You could lose access to the services if your conduct is deemed to violate the terms, potentially without refund for any paid services.
Violation of any of the above restrictions may result in a termination of your ability to access the Services. OverDrive reserves any and all rights or remedies that may be available in the event of your breach of these Terms.
Service License[](https://www.overdrive.com/policies/terms-and-conditions#service-license), paragraph 5 · Citation strength: strong
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Liability cap on damages
OverDrive's maximum liability arising from the terms will not exceed any amounts received under these terms.
Why it matters: If you incur damages greater than the amount you have paid to OverDrive, the company will not be liable for the difference.
OVERDRIVE’S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS RECEIVED UNDER THESE TERMS.
No Other License[](https://www.overdrive.com/policies/terms-and-conditions#no-other-license), paragraph 9 · Citation strength: strong
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Provider can modify, suspend, or discontinue services without notice
OverDrive reserves the right to modify, suspend, or discontinue the Services, Software, or Content at any time with or without notice to you, and will not be liable for doing so.
Why it matters: The services you rely on, including any content you access, could be changed or removed without warning, and the company is not responsible for any impact this has on you.
OverDrive reserves the right to modify, suspend or discontinue the Services (or any part thereof), Software, or any Content (or any part thereof) at any time with or without notice to you. OverDrive shall not be liable to you or any third party should we exercise such right.
Termination of Access[](https://www.overdrive.com/policies/terms-and-conditions#termination-of-access), paragraph 1 · Citation strength: strong
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Terms can change at any time without explicit individual notice
OverDrive may change its terms periodically and your continued use of Services after changes are posted means you agree to be bound by them.
Why it matters: You must frequently check the terms for updates yourself, as the company doesn't promise to notify you directly of changes. If you continue using the services, you automatically agree to any new terms.
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.
User responsible for installing anti-virus software
You agree that it is your responsibility to install anti-virus software and related protections against various malicious computer programs that may be transferred via the Services, Software, and/or Content.
Why it matters: The company places the responsibility on you to protect your computer from potential malware from their services, software, or content.
You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services, Software, and/or Content.
access data or materials not intended for you;, paragraph 3 · Citation strength: strong
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No support for software and services
You acknowledge and agree that these terms do not entitle you to any support for the OverDrive software and/or services.
Why it matters: You cannot expect any customer support for issues encountered with the OverDrive software or services.
FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU AND/OR END USERS TO ANY SUPPORT FOR THE OVERDRIVE SOFTWARE AND/OR SERVICES.
No Other License[](https://www.overdrive.com/policies/terms-and-conditions#no-other-license), paragraph 8 · Citation strength: strong
Protections for you
These policy elements describe commitments or rights that benefit you.
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Parental consent for users under 13
An OverDrive account is not intended for individuals under 13 years of age, and you affirm you are at least 13 years old when creating an account.
Why it helps: This indicates a commitment to not collect data from children under 13, helping protect their privacy.
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[](https://www.overdrive.com/policies/terms-and-conditions#service-license), paragraph 1 · Citation strength: strong
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