Terms of Use Agreement

Use of the Covera Website (the "Website") is subject to the following terms of use:

1. Website Ownership

The Website is owned by Covera, Inc. ("COVERA"). All materials distributed in the Website (the "Materials") are either owned by or licensed to COVERA. COVERA and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of COVERA. Materials must not be used in any unauthorized manner.

2. Message Features

Participation. The Website may offer opportunities for you to transmit messages in connection with various features ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (iv) contains a virus or other harmful component; (v) constitutes or contains false or misleading indications of origin or statements of fact; (vi) contains material irrelevant to the subject matter of the Message Feature; or (vii) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.

3. Website Changes and Access

COVERA may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. COVERA may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

4. Linking

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by COVERA or any of its affiliates of any third party Web site or content. COVERA is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

5. Disclaimer of Warranties

  • A. USE OF THE WEBSITE, THE SERVICES AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
  • B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  • C. COVERA DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.

6. Limitations on Liability

  • A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY COVERA OR ANY ACT OR FAILURE TO ACT BY COVERA OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.
  • B. IN NO EVENT SHALL COVERA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO ACCESS SERVICES, OR MERCHANDISE.
  • C. IN NO EVENT SHALL COVERA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COVERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF COVERA IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF COVERA FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
  • D. IN NO EVENT SHALL COVERA BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.

7. Indemnification

You hereby agree to indemnify and hold COVERA harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services or Merchandise; or (B) any alleged breach of this Agreement by you.

8. Termination

COVERA may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. COVERA may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in COVERA's exclusive discretion, without prejudice to any legal or equitable remedies available to COVERA, for any reason or purpose, including, but not limited to, conduct that COVERA believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which COVERA believes is harmful to other customers, to the COVERA's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by COVERA in its sole discretion. In addition and without prejudice to any other remedy available to COVERA, COVERA may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by COVERA.

10. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. COVERA may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.

LAST UPDATED: October 6, 2005

 


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