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.
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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.
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.
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.
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.
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.
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.
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
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.
10. Indemnification and Termination
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.
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.
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”);
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.
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.
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.
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]