Thank you for retaining the services of Covered Press, Inc. for your
digital solutions (hereinafter “Covered Press”). Please read this
Terms of Use agreement (the “Terms”) carefully. These Terms govern the
use of the Site and apply to all users visiting and using the site
including using our Eligibility Application as well as any and all
services and resources available or enabled via the Site (each a
“Service” and collectively, the “Services”). Your use of, and
participation in, certain Services may be subject to additional terms
(“Supplemental Terms”) and such Supplemental Terms will either be
listed in the Terms or will be presented to you for your acceptance
when you sign up to use the supplemental Service. If the Terms are
inconsistent with the Supplemental Terms, the Supplemental Terms shall
control with respect to such Service. The Terms and any applicable
Supplemental Terms are collectively referred to, as the “Terms.” By
completing the registration process, and/or browsing the website, YOU
ARE ENTERING INTO A BINDING CONTRACT, and you represent that (1) you
have read, understand, and agree to be bound by these Terms, (2) you
are of legal age to form a binding contract with Covered Press, and
(3) you have the authority to enter into the Terms personally or on
behalf of the company you have named as the user, and to bind that
company to these Terms. The term “you” or “your” refers to the
individual or company, as applicable, identified as a member
(“Accountholder”) when you registered with the Site and created an
account (“Account”, as further defined herein). If you do not agree to
be bound by the Terms, you may not access or use the Site or the
Services.
1. SERVICES.
Covered Press offers technological solutions relating to digital
marketing. When you acquire our services, you are agreeing to the
price, term, and billing rate(s) set forth in the invoice and/or
order form. As a general rule of thumb, subject to alteration
depending on the product you acquire or service you retain, billing
is on a monthly or annual cycle.
2. REGISTRATION.
2.1. Registering Your Account2.1.1 In order to access certain
features of the Site you are required to become an eligible
registered Accountholder. For purposes of the Terms, a
“Accountholder” is an end user of the Services (collectively, a
“Accountholder” or “Accountholders”) who have successfully completed
our Eligibility Application and created an Accountholder account on
the Site (“Account”), or have a valid account on the social
networking service (“SNS”) through which the Accountholder has
connected to the Services (each such account, a “Third-Party
Account”) and also successfully completed our Eligibility
Application to create an Account. Accountholders must be 18 years or
older, who have properly registered, and whose registration is valid
and accurate. For prospective Accountholders, once you complete and
submit our eligibility verification and associated registration, and
are accepted, at our sole discretion, you will become an
Accountholder and continue such Accountholder status for as long as
you maintain your eligibility status in good standing, and are
otherwise in good standing. Once you complete and submit your
registration, you have opted in to receive email communication from
us (Please see our Privacy Notice regarding how to opt out of
certain email communications). By becoming an Accountholder, you
represent that at all times during your Accountholder (including any
Accountholder renewal terms) you remain an eligible Accountholder
under the Terms. Accountholder is available only by a valid
acceptance of users who have successfully completed the Site's
registration and verification process. If you submit an application
and do not qualify, you may not use the Site to view product and
service pricing, conduct transactions or use other services and
benefits reserved exclusively for Accountholders. As an
Accountholder, you agree to provide, and represent that you have at
all times provided, true, accurate, current, and complete
information about yourself as prompted by the Site's registration
and verification form. We reserve the right to suspend, terminate,
revoke or prohibit your Accountholder for any reason at any time,
without notice, but, in particular, upon any violation of any of
these Terms or the Privacy Notice.
2.1.1 By completing an
Accountholder verification, you agree that we may utilize your
eligibility information (“Registration Data”) provided by you,
including identification information and uploaded documents, to
verify your eligibility status through various third-party data
sources that we have specifically contracted with (collectively,
“Verification Sources”). You further agree that we may reaffirm or
re-verify your status with the Verification Sources as needed or
required.
2.1.3As such, the Site is only
available for Accountholders of a participating and active
third-party partner organizations. You grant us the right to
disclose to certain third parties certain Registration Data about
you. The information we obtain through your use of the Site,
including your Registration Data, is subject to our Privacy Policy,
which is specifically incorporated by reference into these Terms and
Conditions of Use.
2.2. Access Through a SNS.
If you access the Site through a SNS as part of the functionality of
the Site, the Application and/or the Services, you may link your
Account with Third-Party Accounts, by allowing Covered Press to
access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each
Third-Party Account. You represent that you are entitled to disclose
your Third-Party Account login information to Covered Press and/or
grant Covered Press access to your Third-Party Account (including,
but not limited to, for use for the purposes described herein)
without breach by you of any of the terms and conditions that govern
your use of the applicable Third-Party Account and without
obligating us to pay any fees or making Covered Press subject to any
usage limitations imposed by such third-party service providers.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS,
AND Covered Press DISCLAIMS ANY LIABILITY FOR PERSONALLY
IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH
THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS
THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
2.3. Registration Data. .
In registering an Account on the Services, you agree to (1) provide
true, accurate, current and complete Registration Data about
yourself as prompted by the registration form; and (2) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. You represent that you are (1) at least
eighteen (18) years old; (2) of legal age to form a binding
contract; and (3) not a person barred from using the Site under the
laws of the United States, your place of residence or any other
applicable jurisdiction. You are responsible for all activities that
occur under your Account. You may not share your Account or password
with anyone, and you agree to (1) notify us immediately of any
unauthorized use of your password or any other breach of security.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or Covered Press has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your Account
and refuse any and all current or future use of the Site (or any
portion thereof). You agree not to create an Account using a false
identity or eligibility information, or on behalf of someone other
than yourself (and you agree that violation of the foregoing will
result in a fee of not less than $5,000). You agree that you shall
not have more than one Account per platform or SNS at any given
time. We reserve the right to remove or reclaim any usernames at any
time and for any reason, including but not limited to, claims by a
third party that a username violates the third party’s rights. You
agree not to create an Account or use the Site if you have been
previously removed by Covered Press, or if you have been previously
banned from the Site.
2.4. Your Account .
Notwithstanding anything to the contrary herein, you acknowledge and
agree that you shall have no ownership or other property interest in
your Account, and you further acknowledge and agree that all rights
in and to your Account are and shall forever be owned by and inure
to the benefit of Covered Press
2.5. Personal Use.
Using the Site as an Accountholder is a privilege, and as such, and
in consideration of your Accountholder and the benefits it bestows
upon you, you agree that your purchases from the Site shall be for
your personal use and not for resale or commercial distribution to
others. You agree that you will not sell or permit the sale of the
products purchased on the Site or divert such products for resale or
redistribution to any other resale channel whatsoever, including but
not limited to, the Internet, swap meets or other formal or informal
distribution channels without our express written permission. We
intend to enforce these restricted sale terms, as in all of the
terms of these Terms, to the fullest extent of the law. To that end,
we may limit purchases or investigate unusual quantities purchased
on the Site whether occurring in one transaction or a series of
transactions, suspend or terminate your Accountholder without
notice, and/or vigorously seek to enforce these Terms against those
who may breach these restrictions.
2.6. Refund Policy
Covered Press offers a 14-day, no questions asked, refund policy.
Upon the Accountholder purchasing a Covered Press service, the
14-day count commences and expires in 336 hours (14 days). Any
refund request afterwards will be denied as a general matter and
Accountholder will be held for the duration of the contracted for
services.
2.7. Service Requirements
As part of the refund policy, for any Services that require user
participation Covered Press will provide warnings when materials are
owed, but reservices the right to cancel, terminate, and otherwise
cease provision of such Services if you fail to provide necessary
materials in the timely and efficient manner required of you. Upon
such cancellation, termination, or other cessation of Services,
Covered Press will not refund, return, or credit you for the monies
previously remitted. YOU MUST ABIDE BY THE SERVICE REQUIREMENTS OR
COVERED PRESS WILL TERMINATE SERVICES AND YOUR PAYMENT(S) WILL NOT
BE REFUNDED.
2.8. Credit Card Usage
You agree and consent that Covered Press are authorized to
automatically debit any credit/debit card(s) placed on file with
Covered Press for Services acquired by you. Should the Customer's
credit card be declined for any reason, Company will contact
customer to notify them of the declined charge, and will continue to
resubmit the credit card on file for payment until the balance is
paid in full. If the Company is not able to charge the Customer's
credit card as noted above for the full amount due, Customer
authorizes the Company to split the total amount due across multiple
debit transactions to the credit card(s) on file equaling the total
amount due. Customer acknowledges that the Company will make its
best effort to ensure that all invoices are correctly issued.
However, should Customer note any possible errors, Customer agrees
to notify our Billing department within 15 days of the issuance of
the errant invoice. After 15 days, all invoices will be assumed to
be correct, and no further billing adjustments will be made.
2.9. Chargebacks
You shall not chargeback, recall, or otherwise seek to acquire
Services form Covered Press and subsequently defraud Covered Press
of the purchase price of the Services. Any such activity may result
in Covered Press seeking resolution of the dispute through
arbitration or other remedies by which Covered Press may avail
themselves.
3. Ownership..
3.1. The Site. .
You agree that Covered Press owns all rights, title and interest
in the Site and all content therein or thereon. You agree that you
have no right or title in or to any such content or the Site. You
will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in
or accompanying the Site or the Services.
3.1.1 Links to and From
Third-Party Websites. The Site may contain links to other websites
and, as such, you acknowledge we have no control over such
websites and that we are not responsible nor do we have any
liability for the accuracy, content, legality, products, services,
security or any other aspect of any linked website. In no event
shall any reference to any third-party, third party website, or
third-party product or service be construed as an approval or
endorsement by us of that third party, third party website, or of
any product or service provided by a third-party. Moreover,
third-party content may contain information or material that some
people may find inappropriate or offensive. The inclusion of such
a link or reference is provided as a convenience to our
Accountholders.
3.1.2 Feedback. You agree that
submission of any ideas, suggestions, documents, and/or proposals
to us through its suggestion, feedback, forum or similar pages
(“Feedback”) is at your own risk and that we have no obligations
(including without limitation obligations of confidentiality) with
respect to such Feedback. You represent and warrant that you have
all rights necessary to submit the Feedback. You hereby grant to
Covered Press a fully paid, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, and fully sublicensable right and
license to use, reproduce, perform, display, distribute, adapt,
modify, re-format, create derivative works of, and otherwise
commercially or non-commercially exploit in any manner, any and
all Feedback, and to sublicense the foregoing rights, in
connection with the operation and maintenance of the Site.
4. Accountholder Conduct.
4.1. Unauthorized Use or Access.
You agree that you will not, under any circumstances:
4.1.1 Interfere or attempt to
interfere with the proper functioning of the Site or connect to or
use the Site in any way not expressly permitted by the Terms;
4.1.2 Systematically retrieve
data or other content from our Site to create or compile, directly
or indirectly, in single or multiple downloads, a collection,
compilation, database, directory or the like, whether by manual
methods, through the use of bots, crawlers, spiders, or otherwise;
4.1.3 Use, display, mirror or
frame the Site, or any individual element within the Site, Covered
Press’s name, any Covered Press’s trademark, logo or other
proprietary information, or the layout and design of any page or
form contained on a page, without our express written consent;
4.1.4 Use any unauthorized
software that accesses, intercepts, “mines” or otherwise collects
information from or through the Site or that is in transit from or
to the Site, including, but not limited to, any software that
reads areas of RAM or streams of network traffic used by the Site;
4.1.5 Intercept, examine or
otherwise observe any proprietary communications protocol used by
a client, a server or the Site, whether through the use of a
network analyzer, packet sniffer or other device;
4.1.6 Make any automated use of
the Site, or take any action that imposes or may impose (in our
sole discretion) an unreasonable or disproportionately large load
on the infrastructure for the Site;
4.1.7 Bypass any robot exclusion
headers or other measures we take to restrict access to the Site,
or use any software, technology or device to send content or
messages, scrape, spider or crawl the Site, or harvest or
manipulate data;
4.1.8 Use, facilitate, create,
or maintain any unauthorized connection to the Site, including,
but not limited to: (i) any connection to any unauthorized server
that emulates, or attempts to emulate, any part of the Site; or
(ii) any connection using programs, tools or software not
expressly approved by us;
4.1.9 Reverse engineer,
decompile, disassemble, decipher or otherwise attempt to derive
the source code for any underlying software or other intellectual
property used to provide the Site, or to obtain any information
from the Site;
4.1.10 Upload, post, e-mail,
transmit or otherwise make available any material that contains
software viruses, or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
4.1.11 Solicit or attempt to
solicit personal information from other Accountholders or users of
the Site;
4.1.12 Use the Site to collect,
harvest, transmit, distribute, post or submit any information
concerning any other person or entity, including without
limitation, photographs of others without their permission,
personal contact information or credit, debit, calling card or
account numbers;
4.1.13 Forge any TCP/IP packet
header or any part of the header information in any e-mail or
newsgroup posting, or in any way use the Site to send altered,
deceptive or false source-identifying information; or
4.1.14 Upload or transmit (or
attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission
mechanism, including, but not limited to, clear GIFs, 1x1 pixels,
web bugs, cookies or other similar devices (sometimes referred to
as “spyware,” “passive collection mechanisms” or “pcms”).
5. General. .
5.1. In connection with your use of the Site, you shall
not:. 5.1.1 Harm minors in any way;
5.1.2 Impersonate any person or
entity, including, but not limited to, Covered Press personnel, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
5.1.3 Intentionally or
unintentionally violate any applicable local, state, national or
international law or regulation, or any order of a court;
5.1.4 Register for more than one
Account or register for an Account on behalf of an individual
other than yourself or your spouse when facilitating a spouse
strictly under our Spouse Account policy and procedure;
5.1.5 Stalk or otherwise harass
any other Accountholder or user of the Site; or
5.1.6 Advocate, encourage or
assist any third party in doing any of the foregoing activities in
this section.
6. Indemnification. .
You agree to indemnify and hold Covered Press, its parents,
subsidiaries, affiliates, officers, employees, agents, partners
and licensors (collectively, the “Covered Press Parties”) harmless
from any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of: (a)
your use of, or inability to use, the Site; (b) your violation of
the Terms; (c) your violation of any rights of another party,
including any end users of the Services; (d) your violation of any
applicable laws, rules or regulations; or (e) any disputes or
claims between you and any other Accountholder. We reserve the
right, at our own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
in which event you will fully cooperate with us in asserting any
available defenses. This provision does not require you to
indemnify any of the Covered Press Parties for any unconscionable
commercial practice or willful misconduct by such party or for
such party’s fraud, deception, false promise, misrepresentation or
concealment, suppression or omission of any material fact in
connection with the Site or any Services provided hereunder. You
agree that the provisions in this section will survive any
termination of your Account, the Terms or your access to the Site.
7. Disclaimer of Warranties and Conditions. .
7.1. As Is. 7.1.1 YOU EXPRESSLY UNDERSTAND
AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COVERED
PRESS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS,
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE, APPLICATION OR
SERVICERS.
7.1.2 THE COVERED PRESS PARTIES
MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE
WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF COVERED PRESS
PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE
ACCURATE OR RELIABLE.
7.1.3 THE SERVICES MAY BE
SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COVERED
PRESS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT
TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY,
EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
7.1.4 NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.2. No Liability for Conduct of Third Parties. 7.2.1 YOU ACKNOWLEDGE AND AGREE
THAT THE COVERED PRESS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT
TO SEEK TO HOLD THE COVERED PRESS PARTIES LIABLE, FOR THE CONDUCT
OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT
THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH
YOU.
8. Limitation of Liability.
8.1.Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COVERED PRESS
PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH SITE, OR DAMAGES OR COSTS DUE TO LOSS
OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COVERED PRESS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR
IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, ON ANY
THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO
USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS
ENTERED INTO THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER
RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY
OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY
TO LIABILITY OF A COVERED PRESS PARTY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY A COVERED PRESS PARTY’S NEGLIGENCE; FOR(B) ANY
INJURY CAUSED BY A COVERED PRESS PARTY’S FRAUD OR FRAUDULENT
MISREPRESENTATION; OR (C) ANY DAMAGES THAT CANNOT BE DISCLAIMED BY
APPLICABLE LAW.
8.2. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL THE COVERED PRESS PARTIES BE LIABLE TO
YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO US
OR THE COVERED PRESS PARTIES BY YOU DURING THE ONE-MONTH PERIOD
PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH
LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE
UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY
SHALL NOT APPLY TO LIABILITY OF A COVERED PRESS PARTY FOR (A)
DEATH OR PERSONAL INJURY CAUSED BY THE ASSOCITATED COVERED PRESS
PARTIES NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COVERED
PRESS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
8.3. Accountholder Information.
EXCEPT FORCOVERED PRESS’s OBLIGATIONS TO PROTECT YOUR PERSONAL
DATA AS SET FORTH IN OUR PRIVACY POLICY, COVERED PRESS ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY PERSONALIZATION SETTINGS.
8.4. Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COVERED PRESS AND
YOU.
9. Remedies.
9.1. Violations.
If we become aware of any possible violations by you of the Terms,
we reserve the right to investigate such violations. If, as a
result of the investigation, we believe that criminal activity has
occurred, we reserve the right to refer the matter to, and to
cooperate with, any and all applicable legal authorities. We are
entitled, except to the extent prohibited by applicable law, to
disclose any information or materials on or in the Site in our
possession in connection with your use of the Site, to (1) comply
with applicable laws, legal process or governmental request; (2)
enforce the Terms, (3) respond to your requests for customer
service, or (4) protect the rights, property or personal safety of
Covered Press, our Accountholders or the public, and all
enforcement or other government officials, as we in our sole
discretion believe to be necessary or appropriate.
9.2. Breach.
In the event that we determine, in our sole discretion, that you
have breached any portion of the Terms, or have otherwise
demonstrated conduct inappropriate for the Site, we reserve the
right to:
9.2.1.Warn you via e-mail (to
any e-mail address you have provided to us) that you have violated
the Terms;
9.2.2.Discontinue your
registration(s) with the any of the Site, including any Services;
9.2.3.Pursue any other action
which we deem appropriate.
10. Term and Termination.
10.1. Term.
The Terms commence on the date when you accept them (as described
in the preamble above) and remain in full force and effect while
you use the Site, unless terminated earlier in accordance with the
Terms.
10.2. Prior Use.
Notwithstanding the foregoing, if you used the Site prior to the
date you accepted the Terms, you hereby acknowledge and agree that
the Terms commenced on the date you first used the Site (whichever
is earlier) and will remain in full force and effect while you use
the Site, unless earlier terminated in accordance with the Terms.
10.3. Termination of Services by Covered Press .
If timely payment cannot be charged to your Payment Provider for
any reason, if you have materially breached any provision of the
Terms, or if we are required to do so by law (e.g., where the
provision of the Site or the Services is, or becomes, unlawful),
we have the right to, immediately and without notice, suspend or
terminate any Services provided to you. You agree that all
terminations for cause shall be made at our sole discretion and
that we shall not be liable to you or any third party for any
termination of your Account.
10.4. Termination of Services by You .
If you want to terminate the Services provided by us, you may do
so by ceasing to use the Services which can be completed within
your Account profile or otherwise properly notifying us.
10.5. Effect of Termination.
Termination of any Service includes removal of access to such
Service and barring of further use of the Service. Upon
termination of any Service, your right to use such Service will
automatically terminate immediately. We will not have any
liability whatsoever to you for any suspension or termination. All
provisions of the Terms which by their nature should survive,
shall survive termination of Services, including without
limitation, ownership provisions, warranty disclaimers, and
limitation of liability.
10.6. No Subsequent Registration.
If your registration(s) with or ability to access the Site is
discontinued by us due to your violation of any portion of the
Terms, then you agree that you shall not attempt to re-register
with or access the Site through use of a different member name or
otherwise, and you acknowledge that you will not be entitled to
receive a refund for fees related to those the Site to which your
access has been terminated. In the event that you violate the
immediately preceding sentence, we reserve the right, in our sole
discretion, to immediately take any or all of the actions set
forth herein without any notice or warning to you.
11. International Users.
the Site can be accessed from countries around the world and may
contain references to Services that are not available in your
country. These references do not imply that we intend to announce
such Services in your country. The Site is controlled and offered
by us from our facilities in the United States of America and for
purchases placed by Accountholders domiciled in the United States
and, therefore, we make no representations that the Site is
appropriate or available for use in other locations or complies
with laws or regulations in such other countries. Those who access
or use the Site from other countries do so at their own volition
and are responsible for compliance with local law.
12. Electronic Communications.
The communications between you and us by electronic means, whether
you visit the Site or send us e-mails, or whether we post notices
on the Site or communicates with you via e-mail shall, for
contractual purposes, you agree as follows (1) consent to receive
communications from us in an electronic form; and (2) agree that
all terms and conditions, agreements, notices, disclosures, and
other communications that we provide to you electronically satisfy
any legal requirement that such communications
13. Assignment.
The Terms, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by you
without our prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing
will be null and void.
14. Force Majeure.
We shall not be liable for any delay or failure to perform
resulting from causes outside our reasonable control, including,
but not limited to, pandemics, acts of God, war, terrorism, riots,
embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities,
fuel, energy, labor or materials.
15. Questions, Complaints, Claims. .
If you have any questions, complaints or claims with respect to
the Site, please contact us at: info@coveredpress.com. We will do
our best to address your concerns. If you feel that your concerns
have been addressed incompletely, we invite you to let us know for
further investigation.
16. Exclusive Venue.
To the extent the parties are permitted under this Agreement to
initiate litigation in a court, both you and Covered Press agree
that all claims and disputes arising out of or relating to the
Terms will be litigated exclusively in the state or federal courts
located in the County of Orange, California.
17. Governing Law.
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND
INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA,
CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT
TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF
ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
18. Notice.
Where we require you to provide an e-mail address, you are
responsible for providing us with your most current e-mail
address. In the event that the last e-mail address you provided to
us is not valid, or for any reason is not capable of delivering to
you any notices required/ permitted by the Terms, our dispatch of
the e-mail containing such notice will nonetheless constitute
effective notice. You may give notice to us at the following email
address:: info@coveredpress.com pursuant to the notice procedures
described in Section 13(F) above). Such notice shall be deemed
given when received by us by at the above email address.
19. Waiver..
Any waiver or failure to enforce any provision of the Terms on one
occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion.
20. Release of Claims.
You hereby release Covered Press and its successors from claims,
demands, any and all losses, damages, rights, and actions of any
kind, that is either directly or indirectly related to or arises
from the Services offered by Covered Press If you are a California
resident, you hereby waive California Civil Code Section 1542,
which states, “A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the
time of executing the release, which, if known by him must have
materially affected his settlement with the debtor.” The foregoing
release does not apply to any claims, demands, or any losses,
damages, rights and actions of any kind, including personal
injuries, death or property damage for any unconscionable
commercial practice by us or for such party’s fraud, deception,
false, promise, misrepresentation or concealment, suppression or
omission of any material fact in connection with the Site or any
Services provided hereunder.
21. California Consumers.
Pursuant to California Civil Code § 1789.3, California users of
the Site are entitled to the following consumer rights notice: The
Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Suite N 112, Sacramento CA
95834, by telephone at (916) 445-1254 or (800) 952-5210 or
facsimile at (916) 574-8676.21. Contacting Us. If you have
questions regarding our Terms its implementation, failure to
adhere to these Terms and/or our general practices, please contact
us at : info@coveredpress.com.
22. Severability.
If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner to reflect, as nearly
as possible, the original intention of the parties, and the
remaining portions shall remain in full force and effect.
23. Entire Agreement.
The Terms are the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes
and merges all prior discussions between the parties with respect
to such subject matter.
