Covr Financial Technologies, LLC, and its parents, subsidiaries and/or affiliated companies (collectively, “Covr,” “we,” “our,” or “us”), maintain a website at covrtech.com and a services platform for purchasing insurance products (collectively herein, “Platform”). These Terms of Use apply whenever you access or use our Platform.
PLEASE READ THESE TERMS OF USE CAREFULLY.
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE. YOUR ACCESS TO AND/OR USE OF THE PLATFORM SIGNALS YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM.
The Platform is controlled, operated and intended for use only in the United States of America. We do not represent that content or materials in the Platform, or use of it, is appropriate or made available for use outside of the United States.
Throughout these Terms of Use, you will see capitalized words or phrases. These capitalized words and phrases are defined terms and the definitions are found either in these Terms of Use, the applicable Official Rules, if any, or our Privacy Policy found here.
TABLE OF CONTENTS
This table of contents provides a summary of these Terms of Use. It is for your convenience only and is intended only to help guide you. It should not be read as a complete presentation of all of the terms and conditions contained herein.
1. Acceptance of Terms of Use & Modification. Each time you access and/or use the Platform, you agree to be bound by these Terms of Use and any additional terms that will apply prospectively to you. You agree that we have the right to discontinue your access to the Platform, in whole or in part, at any time and for any reason whatsoever. You agree to accept notice of posting of any new terms or conditions to these Terms of Use. When these Terms of Use are modified, you will receive notice that they have been modified. You are encouraged to review these Terms of Use each time you access the Platform.
2. Scope of Permitted Use & Revocable License. We grant you a limited revocable license to use the Platform for your own personal, non-commercial use, subject to certain rules and limitations. We reserve the right to modify or discontinue the Platform, in whole or in part, at any time.
3. Access to and Availability of the Platform. Your use of the Platform is subject to various restrictions designed to protect the Platform and others. Carrier and wireless carrier charges may apply depending upon the means of your access to the Platform (i.e., via wireless networks, devices), and you are solely responsible for paying such charges.
4. Registration, Passwords, Unauthorized Use of Your Account, Content. When you access the Platform, you may be required to establish an account with us. If so, you must provide true, accurate and current information if you establish an account with us. Your activities with the Platform may be shared with others in accordance with our Privacy Policy. You may be able to post content on the Platform. You grant us a broad license to any content that you post, and you bear all responsibility for all such content. No confidential or fiduciary relationship is created by your posting on the Platform.
5. You Agree to Our Privacy Policy. By using the Platform, you consent to our Privacy Policy and our practices detailed therein, including disclosure/sharing of your information.
6. Your Conduct and Acceptable Use. Your use of the Platform is subject to our rules regarding acceptable conduct and practices, including no unlawful or harassing conduct. We may, but have no obligation to, monitor your use of the Platform. We reserve the right, but have no duty, to investigate any suspected violations of these Terms of Use.
7. Children’s Online Privacy Protection Act Notification. The Platform is not designed or intended for use by children under the age of eighteen (18).
8. Disclaimers and Limitations. We disclaim all warranties and provide the Platform “As-Is.” You agree that you are entitled to no damages for any claims related to your use of the Platform, except as set out below. Our liability to you, if any, is limited.
9. Linked Websites and Merchants. We are not responsible for third-party websites or their content or
advertisements, even if they are linked to our Platform. We are not responsible for your business dealings with financial advisors, insurance carriers, brokers, or other third parties with whom you may interact in connection with your use of the Platform and/or our Services.
10. Indemnification and Termination. You agree to indemnify us in certain circumstances. We may terminate your account, password, and/or access to the Platform in our sole discretion at any time and without prior notice.
11. Use in the U.S. Only. The Platform is not intended to be available in locations outside the United States. We do not represent that the Platform is appropriate under or comply with any law or regulation outside the U.S. If you access the Platform outside the U.S., there may be additional legal restrictions on the Platform for those countries subject to U.S. export controls. If you access the Platform while outside of the U.S., you do so at your own risk.
12. Disputes. YOU AGREE TO ARBITRATE ANY DISPUTES WITH US AND WAIVE ALL RIGHTS TO JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS. Non-U.S. citizens agree to an alternative procedure for dispute resolution if a tribunal rules that arbitration is prohibited by law.
13. Notice for California Users. Residents of California are entitled to specific consumer rights information, which is provided herein.
14. Miscellaneous. By accessing and using the Platform, you agree to certain terms regarding (a) the applicable law and venue; (b) no waiver; (c) the enforcement and interpretation of these Terms of Use; (d) your limited time to file claims; and (e) the manner in which you communicate with us. You also agree not to assign or delegate your rights and obligations under these Terms of Use.
1. Acceptance of Terms of Use & Modification
By accessing or using the Platform, you agree to be bound by, and to have irrevocably agreed to, these Terms of Use. If you do not agree, do not access or use the Platform. Where a direct conflict exists between these Terms of Use and our Privacy Policy, the Privacy Policy prevails. However, provisions unique to these Terms of Use (e.g., arbitration) will remain in effect as provided here. You must have (and, by accessing and using the Platform, you warrant that you have) the legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Each time you access or otherwise use our Platform, you are entering into a new agreement with us under the applicable Terms of Use. You should review the posted Terms of Use and any applicable additional terms each time you use the Platform. We may modify these Term of Use at any time and for any reason, and you agree that we may notify you of any modifications by posting them on this site or by other reasonable means. Any additional terms will be effective as to new access and use as of the time that we post them. However, the Terms of Use that applied when you previously used the Platform will continue to apply to such prior use (i.e., changes and additions are prospective only) except as mutually agreed. In the event any notice to you of any new, revised or additional terms and conditions is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional Terms of Use by discontinuing access and/or use of the Platform.
2. Scope of Permitted Uses and Revocable License
Your use of the Platform is limited solely to your personal and non-commercial use. You may only create one account, and you may only use your account to access the Platform a maximum of one time at any one time across all of your devices (i.e., you cannot use multiple devices at once to access your account). You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Platform or Content, whether or not for profit. The Platform, including any software or services and accompanying documentation, are licensed, not sold or otherwise transferred, to you by us. You are hereby granted a limited non-transferable, non-exclusive license to use the Platform and any associated services. The Platform contains material that is derived in whole or in part from material supplied and owned by Covr and/or third parties (collectively, “Content”). You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Platform. You may not rent, lease, lend, sell, redistribute or sublicense the Platform or any use of it, including any associated software, or distribute content on the Platform over a network where it could be used by multiple devices at the same time. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platform, or its servers and infrastructure.
As between Covr and you, Covr owns or has license to all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Platform and Content. You acknowledge Covr’s valid intellectual and proprietary property rights in the Platform and Content, and that your use of the Platform is limited to the online use and access as authorized by Covr. Nothing in these Terms of Use shall be deemed to convey to you any right, title or interest in or to the Platform or Content, or to any portion thereof except for the limited rights expressly granted herein.
You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (“Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) software, (ii) any copyright, trademark, or other proprietary notices marked on the Platform or Content, (iii) any digital rights management mechanism or other content protection or access control measure associated with the Platform or Content, or (iv) any advertisement on the Platform and/or within Content. The foregoing shall apply to you regardless of the method in which Covr makes the Platform available to you.
3. Access to and Availability of the Platform
The Platform is intended for use by users who are over the age of 18 and reside in the United States. By using the Platform or requesting information from it, such as a demo from our website, you certify that you meet all age, eligibility, and residency requirements.
Covr may change, suspend or discontinue any aspect of the Platform at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to the Termination Section below. You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Platform or these Terms of Use.
If you access or use our Platform via a wireless device, your carrier may charge you for standard messaging, data, and other fees. We have no responsibility or liability for any fees your carrier charges.
4. Registration and Passwords; Unauthorized Use of Your Account; Content.
If you establish an account on Covr’s Platform, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for the Platform are for individual use only, and may not be profane or objectionable. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree not to share your password or account. You agree to immediately notify Covr immediately of any suspected unauthorized use of your password or account, or any other breach of security.
You may be able to post content in connection with use of the Platform. You are responsible for the accuracy of that content. You, and not Covr, are entirely responsible and liable for any claims, loss or damages relating to any content you provide on the Platform, including any loss or damage resulting from the recession of an insurance product or the unavailability of insurance.
5. You Agree to Our Privacy Policy.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used by Covr. Our Privacy Policy, which forms part of these Terms of Use, may be found here.
6. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to the Platform.
- No Interference. You may not interfere with any other user’s ability to use the Platform.
- Don’t Damage The Platform or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus, or any other computer code, that is designed or intended to disrupt, damage, or limit the functioning of the Platform, or to obtain unauthorized access to the Platform or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access or use to other accounts, computer systems, or networks related to or in connection with the Platform, or information therein. Covr, in its sole and absolute discretion, shall determine whether your action violates this provision.
- No Collection of Personal Information from Other Users. You may not collect information about other users of the Platform or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your identity, and/or your professional or other affiliation with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use the Platform, or any information contained therein, for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
- No Harassment. You may not use the Platform in any way that would threaten, harass, bully, or harm another.
- Follow These Terms of Use and Conduct Rules. You may not take any action on or through the Platform that violates any applicable law, our Privacy Policy, or these Terms of Use.
We may require, at any time, proof that you are following these rules. Covr may, but has no obligation to, monitor and examine your use, or the use of others, of the Platform in order to enforce these Terms of Use and in accordance with our Privacy Policy. Covr reserves the right at all times to disclose any information posted on any portion of the Platform as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Covr’s sole discretion are objectionable or in violation of these Terms of Use.
Covr reserves the right to investigate suspected violations of these Terms of Use. Covr may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Covr believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may take corrective action that it deems appropriate. Covr will fully cooperate with any law enforcement authorities or court order requesting or directing Covr to disclose the identity of anyone who is believed to violate these Terms of Use.
7. Children’s Online Privacy Protection Act Notification
The Platform is not designed or intended for use by children under the age of thirteen (13), and are not permitted to be used by children under the age of eighteen (18).
8. Disclaimer and Limitations
Disclaimers of Warranties
COVR PROVIDES THE PLATFORM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COVR DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COVR DOES NOT WARRANT THAT THE PLATFORM, OR YOUR ACCESS TO OR USE OF IT, WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. COVR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Exclusion of Damages
COVR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR OUR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF COVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COVR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT) OR (2) CONTENT POSTED TO THE PLATFORM.
Limitation of Liability
IN NO EVENT SHALL COVR’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM OR THESE TERMS OF USE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO COVR IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, COVR PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
9. Linked Websites For your convenience, the Platform may be accessed via links from websites of other persons or entities (“Linked Websites”). However, Covr does not control Linked Websites; nor has responsibility for the content of such sites. Linked Websites are subject to their own privacy notices and terms of use, and we encourage you to review them. Covr shall not be liable for any loss or damage caused by your use or reliance upon Linked Websites. Your use of Linked Websites is at your own risk. The ability to access our Platform from a Linked website does not imply an endorsement of the site by Covr.
10. Indemnification and Termination
You agree to defend, indemnify and hold Covr harmless, as well as its respective directors, officers, employees, contractors, and agents, from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Use, including any of the foregoing provisions, representations or warranties; (b) any material provided by you, or any other subscriber or user of your account that infringes any; (c) any misrepresentation made by you; or (d) any breach of any representation, warranty or other terms or conditions relating to our Platform or services.
Covr may, in its sole discretion, terminate your password, account (or any part thereof), use of your username, or use of our Platform, in whole or in part, without prior notice, and for any reason or no reason whatsoever. Reasons for termination may include, but are not limited to: (i) permitting another person or entity to use your identification to access or use our Platform, (ii) any unauthorized access or use of the Platform or our information systems, (iii) any violation of these Terms of Use, or (iv) tampering with or altering any of the software, data files, and/or content on our Platform. Termination, suspension, or cancellation of your account or your access rights to our Platform shall not affect any right or relief to which Covr may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Covr and its licensors, but all rights granted by you to Covr shall survive in perpetuity.
11. Use in the U.S. Only
Use of our Platform or website is not appropriate or intended to be available for use outside the United States. The Platform is controlled and operated by Covr from its offices within the State of Idaho.
We do not represent that the Platform, or our website, is appropriate under or comply with any law or regulation outside the U.S. If you choose to access our Platform or website from other locations, you do so in violation of these Terms of Use. Those who choose to access them from outside the U.S. do so on their own risk, and are responsible for compliance with local laws, including GDPR, if and to the extent such laws apply. In addition, no software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using our Platform or website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Disputes
A. Binding Arbitration of All Disputes; No Class Relief.
This Section 12.A is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Covr agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 25 below shall apply to all relevant disputes between you and us.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with any of the Platform (including our website), (ii) any purchases or other transactions in connection with Covr or our Platform, or (iii) any data or information you may provide to Covr or that Covr may gather, collect, disclose, or share in connection with such use, interaction or transaction conducted through or in connection with its Platform or services, whether or not in violation of our Privacy Policy (collectively, “Covr Transactions”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Platform, including Covr’s website or its other services, or engaging in any other Covr Transactions, you agree to binding arbitration as provided below.
We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. By using the Platform, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against Covr, and any claim that Covr may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any Covr Transactions, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute (“Minimum Standards”), Covr agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below.
Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:
1. Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Covr (the “Arbitrator”);
2. Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or the arbitration provisions in this Section, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable;
3. Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Covr; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
4. Governing Law. The Arbitrator shall (i) apply internal laws of the State of Idaho consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with federal rules of civil procedure, as applicable; (iii) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief;
5. No Class Relief. The Arbitration can resolve only your and/or Covr’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
6. Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
7. Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Covr will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
8. Reasonable Attorney’s Fees. In the event you recover an Award greater than Covr’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Covr’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Covr shall in all events bear its own attorneys’ fees; and
9. Interpretation and Enforcement of Arbitration Clause. With the exception of Part 15.A. above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Part 15.A. is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Covr shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause with Notice. Covr may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Covr has given notice of such modifications and only on a prospective basis for claims arising from Covr Transactions occurring after the effective date of such notification.
Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Covr in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit; provided, that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
B. Dispute Resolution for Non-U.S. Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law.
This Section applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 12.A above.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Platform, these Terms of Use, whether heretofore or hereafter arising, or to any of Covr’s actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current then we have no obligation under this Section. Your notice to us must be sent to:
By mail: Covr Financial Technologies, LLC, ATTN: General Counsel, 401 W Front Street, Ste. 500, Boise ID 83702
By e-mail: [email protected]
For a period of sixty (60) days from the date of receipt of notice from the other party, Covr and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Covr to resolve the dispute on terms with respect to which you and Covr, in each of our sole discretion, are not comfortable.
1. Courts. The parties agree that the state or federal courts in the State of IDAHO shall have non-exclusive jurisdiction of any dispute under this Section.
2. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Use and any dispute under this Section arising out of or in connection with it or its subject matter or formation (including non-contractual disputes) will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
3. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 17(A) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 25 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
4. Injunctive Relief. The foregoing provisions of this Section 12.B will not apply to any legal action taken by Covr to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Platform, and/or Covr’s intellectual property rights, operations, and/or services.
C. Disputes with Other Users.
You are solely responsible for any interaction with other members or visitors to the Platform, and Covr reserves the right, but shall have no obligation, to monitor disputes between you and any other user of the Platform.
13. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Miscellaneous
1. Applicable law. These Terms of Use, any Additional Terms and the relationship between you and Covr shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions.
2.Forum. Subject to the arbitration provisions in Section 15.A above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
3. No Waiver. No failure or delay by Covr in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.
4. Sever-ability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
5. Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Platform, including Covr’s website or other services, or these Terms of Use, Privacy Policy, or other Covr Transactions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
6. Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
7. This Is the Entire Agreement. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties, regarding its subject matter. It may not be amended, altered or waived except in writing by the party to be charged.
8. No Assignment. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Covr’s prior written consent.
9. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access the Platform, and all charges related thereto, are your sole responsibility.
If you have any questions, comments or claims, please contact Covr at:
E-mail: [email protected]