Effective Date: March 6, 2016
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR PURCHASE OF ANY GOODS THROUGH THE WEBSITE, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE. COVER ANYTHING RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT COVER ANYTHYING MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE AND WILL PROVIDE YOU WITH NOTICE OF SAID MODIFICATION, AMENDMENT, OR REPLACEMENT. YOUR USE OF THE WEBSITE AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
By using the Website, you warrant that you are age eighteen (18) or over the age of majority in the jurisdiction in which you reside, that you are of sound mind and competent to agree to the terms of this Agreement, and that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. If you are accessing the Website on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent of said organization or entity and that you have the authority to bind said organization or entity to the terms of this Agreement.
3. Ownership of Intellectual Property and Limited License to Use Website
Cover Anything is the owner of all rights in and to the Website and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, trade secrets, and other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights under the law of the United States, foreign states, and international treaties, and Cover Anything provides you with the right to use the Website on a limited basis. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
Subject to your compliance with the terms of this Agreement, Cover Anything grants you a limited, non-exclusive, non-transferrable, and non-sublicensable license to access and make personal and non-commercial use of the Website for its customary and intended purposes.
Cover Anything is the owner of the COVER ANYTHING mark, which is a registered or common law trademark, design mark, and trade name of Cover Anything. Cover Anything is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of Cover Anything. You are prohibited from using Cover Anything's trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a Website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
4. Restrictions on Use
You are expressly prohibited from making any use of the Website outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of Cover Anything. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Cover Anything's robots.txt file.
You are further expressly prohibited from:
- Transmitting unsolicited commercial email messages through the Website or to users of the Website;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Circumventing Cover Anything's technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the Website;
- Attempting to gain access to the private data or personal information of a user or the Website or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Harassing a user of the Website;
- Harassing a third party through your use of the Website;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; or
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter.
5. User Generated Content
Cover Anything may provide you with the ability to post reviews, comments, photos, videos, ideas, suggestions, questions, or other content to the Website (collectively "User Generated Content"). By submitting User Generated Content to the Website, you warrant and agree that you have full right and title to your User Generated Content, that your User Generated Content is accurate, truthful, and complete, that your User Generated Content will not violate any law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international, and that your User Generated Content will not violate the rights of third parties, including any personal or proprietary rights, such as intellectual property rights, the right of privacy, or the right of publicity.
When you submit User Generated Content to the Website, you grant Cover Anything a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adopt, publish, perform, translate, create derivative works from, distribute, and display publicly your User Generated Content. Cover Anything has the right, but not the obligation, to monitor, modify, or delete your User Generated Content in its sole and absolute discretion.
6. Registered Accounts
In order to complete an order or submit User Generated Content to the Website, Cover Anything may require you to register an account (hereinafter "Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Cover Anything with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Cover Anything. By creating an Account, you agree that Cover Anything may contact you by any available means, including, but not limited to by email.
Cover Anything reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
7. Communication with You
By submitting your contact information to the Website, including by registering an Account, you agree that Cover Anything may contact you at the contact information that you have provided to Cover Anything, including, but not limited to, through e-mail or phone. You understand and agree that you may opt out of future correspondence from Cover Anything by either clicking the unsubscribe link within the e-mail sent to you by Cover Anything or by terminating your Account.
8. Cover Anything as a Service Provider
You understand and agree that Cover Anything provides the Website as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct of users of the Website, whether through Accounts or otherwise. You acknowledge that Cover Anything is a computer service provider under Section 230 of the Communications Decency Act and, though Cover Anything may edit, remove, or control the content displayed through the Website, you agree that Cover Anything will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.
9. Third Party Links
11. Pricing and Product Descriptions
Cover Anything attempts to provide pricing and product descriptions that are as accurate as possible. However, Cover Anything does not warrant that the product descriptions or pricing displayed on the Website will be accurate, current, complete, or error free. If a product on the Website is not as it is described in its pricing or product description, you understand and agree that your sole remedy will be to return the product to Cover Anything in new condition.
You understand and agree that Cover Anything cannot confirm the price of a product listed on the Website until you submit an order. All prices listed on the Website constitute an invitation to treat, and under no circumstances will Cover Anything be bound by the prices listed on the Website. Cover Anything retains the right, in its sole and absolute discretion, to cancel any product order that you may make through the Website if the price of the product is more than the price displayed on the Website. In the event the price of a product is more than the price displayed on the Website, Cover Anything will either contact you for instructions before shipping the product to you or will cancel your order and notify you of its cancellation.
All products will be shipped to you consistent with Cover Anything's established Shipping Policy. Cover Anything retains the right to modify, replace, or amend its shipping policy at any time and in its sole and absolute discretion. You acknowledge and agree that all products sold through the Website are shipped free on board freight prepaid from the place of shipment. Upon Cover Anything's placement of any product ordered by you through the Website into the possession of a shipping company, you understand and agree that both title and the risk of loss of the product transfers to you.
When you submit an order through the Website, you authorize Cover Anything's payment processing agent to charge your credit card (or other approved payment facility). You further agree to pay all fees and charges on time. In the event you do not pay all fees and charges on time, you agree that you will pay all costs of collection, including costs and attorneys' fees incurred by Cover Anything, in collecting payment from you.
You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars, and you acknowledge and agree that Cover Anything is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or Cover Anything's payment processor. You agree that you will not initiate any chargebacks to Cover Anything unless otherwise authorized by Cover Anything in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Cover Anything.
In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Cover Anything within ten (10) days of any such dispute. You understand that your failure to notify Cover Anything of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.
14. Copyright Policy
The Website and its associated content and services are © 2016 Method Brands, LLC.
If you believe that a user of the Website has infringed upon your copyright rights, you may provide Cover Anything a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, Cover Anything will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which Cover Anything is located;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to Cover Anything at firstname.lastname@example.org.
15. Disclaimer of Warranties
COVER ANYTHING PROVIDES THE WEBSITE ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
COVER ANYTHING PROVIDES A LIMITED WARRANTY FOR ALL GOODS SOLD ON THE WEBSITE. THE TERMS OF THIS LIMITED WARRANTY ARE LISTED ON THE WEBSITE AND MAY BE CHANGED AT ANY TIME IN COVER ANYTHING'S SOLE AND ABSOLUTE DISCRETION. YOU ARE DIRECTED TO REVIEW THESE WARRANTY TERMS PRIOR TO PURCHASING ANY GOODS FROM THE WEBSITE.
16. Limitation of Liability
COVER ANYTHING WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, INJURY TO PERSONAL OR REAL PROPERTY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNATIVE DAMAGES, EVEN IF COVER ANYTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ANY GOODS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT COVER ANYTHING'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR ANY GOODS PURCHASED THROUGH THE WEBSITE OR $1,000, WHICHEVER IS LESS.
COVER ANYTHING WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, CONSUMER REVIEWS. COVER ANYTHING IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. COVER ANYTHING RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
You agree to hold harmless, indemnify, and defend Cover Anything, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your registration or use of an Account, your uploading or transmitting of User Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Cover Anything under the terms of this Agreement will not provide you with the right to control Cover Anything's defense, and Cover Anything reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Cover Anything.
You acknowledge and agree that you are prohibited from assigning or sublicensing your rights and obligations under this Agreement. Cover Anything may assign or sublicense its rights and obligations under this Agreement at any time, including, but not limited to, in a sale of the Website.
19. Resolution of Disputes and Governing Law
This Agreement will be governed by, and construed in accordance with, the laws of the State of Arkansas without giving effect to its conflict of laws principles. Jurisdiction, venue, and choice of law with respect to all matters between the parties relating to this Agreement, your use of the Website, or your purchase of goods from Cover Anything will lie exclusively with the state and federal courts of Washington County, Arkansas. The parties hereby consent to the exclusive personal and subject matter jurisdiction of the state and federal courts of Washington County, Arkansas.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
23. Limitation on Actions
COVER ANYTHING AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR YOUR PURCHASE OF GOODS FROM COVER ANYTHING MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
24. Reservation of Rights
All rights not expressly granted herein are reserved to Cover Anything.