TERMS OF SERVICE

 

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OVERVIEW

 

This mobile application and our website is operated by CovrMe, LLC. Throughout the application, the terms “we”, “us” and “our” refer to CovrMe, LLC. CovrMe, LLC offers this application, including all information, tools and services available from this application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By using our mobile application or our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available through any platform that is used to access or that utilizes our mobile application or website. These Terms of Service apply to all users of the mobile application or website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content to our mobile application or website.

 

Please read these Terms of Service carefully before accessing or using our mobile application or website. By accessing or using any part of the mobile application or website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our mobile application or website or use any services that we provide. If these Terms of Service are considered an offer, acceptance of such offer is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current website and or mobile application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our mobile application or website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our mobile application or website following the posting of any changes constitutes your acceptance of such changes.

 

Our mobile application is hosted on the Apple Store and the Google Play Store. They provide us with the online platform that allows us to distribute our mobile application to you, which allows us to sell our products and services to you and by using or mobile application or website you agree to comply with the Apple Store and Google Play Store terms of service.

 

 

SECTION 1 – MOBILE APPLICATION AND WEBSITE STORE TERMS

 

THIS SERVICE IS NOT FOR USE BY ANYONE THAT IS NOT AT LEAST 21 YEARS OF AGE. By agreeing to these Terms of Service, you represent that you are at least the age of 21 years. If you are dishonest in your acceptance of these Terms of Service or if you falsify your personal information in order to gain access to the services we provide on our mobile application or website we specifically disclaim any liability as to you.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

In using the Service, you agree that you will not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.

 

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time to the extent allowable under applicable laws.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks such as Squarespace or Stripe which we do not control; and (b) changes to conform and adapt to technical requirements of such connecting networks or devices. While credit card information is always encrypted during transfer over networks, we do not control third party services which utilize your content through the Service.

 

You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the mobile application or website through which the Service is provided.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this mobile application or website is not accurate, complete or current. The material on our mobile application or website may be provided by venues we contract with to provide the Services provided under this Agreement (the “Venue” or “Venues”) and is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information such as directly contacting the Venue. Any reliance on the material on this mobile application or our website is at your own risk and we are not responsible for any loss you may incur, whether actual, consequential or incidental damages, arising out of such inaccurate information.

 

This mobile application and our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this mobile application or our website at any time, but we have no obligation to update any information on our mobile application or website. You agree that it is your responsibility to monitor changes to our mobile application or website.

 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice. Also, Venues may change their terms without notifying us of such changes and we disclaim any liability for such losses you may incur as a result of such changes by the Venues.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively through our mobile application or website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate or accurately depict the products.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction to the extent allowable under applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this mobile application or our website is void where prohibited by applicable law.

 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

The Venues where we provide Services may provide alcoholic beverages. We do not condone the use of alcohol, prescription drugs, recreational drugs, elicit drugs or substance abuse of any kind. We are not liable for any action you take at any Venue or location that has contracted us to provide services to them nor are we liable for any action you take at or upon leaving any Venue or location that has initiated a contract with us. We are also not responsible for the actions of such Venue in providing or failing to provide the services you are purchasing through our mobile application or website or the cancellation of any performance to be provided at the Venue.

 

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made utilizing our mobile application or website. You agree to correct such account information if so notified that such information is incorrect and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail regarding our returns policy for merchandise purchased utilizing our mobile application or website, please review our Returns Policy.

 

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to optional third-party tools offered through services provided by Square Space or Stripe over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools on an “AS IS” and “AS AVAILABLE” basis, without any warranties, representations or conditions of any kind and without any endorsement. We disclaim and shall have no liability whatsoever arising from or relating to your use of such third-party tools.

 

Any use by you of optional tools offered through the mobile application or our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the mobile application or our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have and disclaim any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites nor for any losses you may incur from the venue we provide services for. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. You can view our Privacy Policy though our website.

 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our mobile application or website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or mobile application is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website or mobile application, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or mobile application, should be taken to indicate that all information in the Service or on any related website or mobile application has been modified or updated.

 

 

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the mobile application or our website or eithers contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related mobile application, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable or that the Venue utilizing our Service will provide the services you are purchasing.

 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) are provided “AS IS” and “AS AVAILABLE” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall CovrMe, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless CovrMe, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination of this agreement shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site or mobile application; provided, however, these Terms of Service shall still apply to any pending services or services previously provided.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this mobile application, website, or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Alabama.

 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time on our website.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website or mobile application. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 20 - CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at customersupport@covrme.us