Revised: October 13, 2016
These Terms of Service (“TOS”) set forth the terms and conditions that apply to Your access and use of the coveymom.com (the “Site”) and mobile application (the “Covey App”) as owned and operated by Covey, LLC (“Covey”). The Covey Site and the Covey App are collectively referred to as the “Covey Platform”, and, together with the “Subscription Services”, are the “Service” or “Services.” As used in these TOS, the term Covey Site includes all coveymom.com websites, pages that are associated or within each website and all devices, applications or services that Covey operates or offers that link to these TOS.
The Service lets You interact with other users via a social network, connecting local parents with each other, Subscribers, and other third party institutions offering services and products to the users through their own independent applications and websites. The Services provide a platform that allows You, as a Subscriber, to manage day-to-day and event interactions between You and other Covey users, and that allow You to post Your products and services on the platforms. The Services may also present You information relating to third party products or services. The types of product and service postings are known as “Covey Deals”. Covey, its Subscribers and users may also provide You general tips, recommendations and educational material. Covey may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice.
In connection with Covey Deals, the Services will provide links to other web sites belonging to Covey Subscribers and other third parties. Covey does not endorse, warrant or guarantee the products or services available through the Covey Deals (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Covey is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Covey does not guarantee that any offers by any particular advertiser or other third party on the Sites are actually the terms that may be offered to You if You pursue the offer or that they are the best offers available in the market.
Covey. is offering the Service solely for use by the person or entity in whose name an account is registered through the Site (the “Subscriber” or “You”) and not for the use or benefit of any third party. Covey may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Covey may also impose limits on certain features of the Service or restrict Subscriber’s access to parts or all of the Service without notice or liability. Covey reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via e-mail, and You consent to receipt of such notice. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement as modified. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. You can review the most current version of the Terms of Service at any time at: http://www.coveymom.com/terms.
Subscriber certifies to Covey that if Subscriber is an individual (i.e., not an entity) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to use the Service is revoked in such jurisdictions. Covey makes no claim that the Service may be lawfully used or that Subscriber Content (as defined hereafter) may be uploaded or downloaded outside of the United States. Access to Content may not be legal by certain persons or in certain countries. If You use the Service from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to and use the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Covey, in its sole discretion, may elect to take. In no event will Covey be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Covey to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
When signing up for the Service, You must provide Your full legal name, full company name, a valid e-mail address, billing information, and any other information requested in order to complete the signup process. You represent and warrant that all of the foregoing information that You provide is complete and accurate and that You will update such information to ensure it is complete and accurate at all times. You will not submit any false or misleading information or otherwise misrepresent Your identity in connection with Your use of the Service.
In addition the following terms also apply: You must be 18 years or older to use this Service. Your login may only be used by one person. A single login shared by multiple people is not permitted. You are responsible for maintaining the security of Your account and password. Covey will not be liable for any loss or damage from Your failure to comply with this security obligation.
You are responsible for all Subscriber Content (as defined hereafter) posted and activity that occurs through or under Your account (even when Subscriber Content is posted by others). Any fraudulent, abusive or unauthorized activity may be grounds for termination of Subscriber’s right to Service or to access the Site and may be grounds for potential liability against Subscriber. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user. Subscriber shall not share his or her password with any other person or entity; violation of this provision will be a material breach of this Agreement and may result in immediate cancellation of the Subscriber’s account. Subscriber agrees to notify Covey immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. Failure to do so shall constitute a material breach of this Agreement, which may result in immediate termination of Subscriber’s account.
You may not resell the Service to any third party as a private label or with the inclusion of a mark-up fee. Violation of any of the terms of this Agreement may result in the termination of Your account and Your access to the Service. While Covey prohibits certain conduct and content on the Service, You understand and agree that Covey cannot be responsible for the Subscriber Content or User Content posted on the Service and You nonetheless may be exposed to such materials, which You may find objectionable. You agree to use the Service at Your own risk. Covey reserves the right to refuse Service to anyone, or cancel an account, for any reason at any time.
Use of these Services is available through a compatible mobile device, Internet and/or network access and will require You to download and install the Covey App. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of Your agreement with Your mobile device and telecommunications provider. COVEY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
By creating an Account, You agree that the Services may send You push notifications through the Covey App, or email messages as part of the normal business operation of Your use of the Services.
Covey may from time to time provide automatic push notifications, automatic email alerts and/or voluntary account-related email alerts. Automatic email alerts may be sent to the email address You have provided as Your primary email address for the Services, and may be sent following certain changes to Your account or information, such as a change in Your Registration Information. If Your email address changes, You are responsible for informing us of that change. Changes to Your email address will apply to all of Your alerts.
You understand and agree that any alerts or push notifications provided to You through the Services may be delayed or prevented by a variety of factors. Covey may make commercially reasonable efforts to provide alerts and push notifications in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Covey shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert or push notification; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
Because alerts are not encrypted, we will never include Your passcode. However, alerts may include Your Login ID and some information about Your accounts. Depending upon which alerts You select, information such as an account balance or the due date for Your credit card payment may be included. Anyone with access to Your email or Covey App will be able to view the content of these alerts. At any time You may disable future alerts.
Covey shall maintain all rights, title and interest in and to all its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights, including rights in and to the Service, Covey Marks and Covey Data, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, blog posts, marketing and educational materials, videos, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these TOS do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. “Covey Data” means any data, including without limitation metadata, relating to the use of the Service, such as data schema, specific facts and other similar information collected by Covey and made available via the Covey Interface. “Covey Interface” means the web based interface, provided and hosted by Covey that allows You to access and view the Covey Data.
Covey shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback Covey receive from You.
Covey, and Covey’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of Covey (collectively, “Covey Marks”), and You may only use such Covey Marks to identify Yourself as a customer and user of the Service; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Covey Marks, or use the Covey Marks to disparage or misrepresent Covey, its services or products.
All rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Covey and its third-party vendors.
Upon registering use the Service and upon the condition that You comply with all of Your obligations under these TOS, Covey grants You a non-exclusive, non-transferable, revocable license to access and use the Service and the Site, strictly in accordance with these TOS and subject to all the limitations set forth in these TOS.
Unless expressly prohibited in writing or electronically by You, You agree that Covey can use Your brand identity, organization or company name and mention Your usage of this Service in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels.
The information and materials provided through or included in the Site and the Covey App (“Information”) are for educational purposes only. The Information is not intended to be professional health care or medical advice, or to be a substitute for the advice or treatment by a licensed health care professional. You should always seek professional advice or treatment with any medical questions or concerns You may have. If You think You or Your child has a medical emergency, call Your doctor, visit an emergency room or dial 911 immediately.
Covey does not recommend, endorse or otherwise suggest any specific health care provider, treatment method, test, or product that may be mentioned or advertised on the Site or Covey App, including, without limitation, any experts who provide information to Covey Community members
Covey is proud of its inclusive and supportive community of users. As a Subscriber, Covey will permit You from time to time to submit, upload, publish or otherwise make available to Covey or Covey users through the Services textual, audio, and/or visual content and information, commentary and feedback related to the Services, including push notifications to other users (“Subscriber Content”). Any Subscriber Content provided by You remains Your property. However, by providing Subscriber Content to Covey, You grant Covey a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Subscriber Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Covey’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
You represent and warrant that: (i) You either are the sole and exclusive owner of all Subscriber Content or You have all rights, licenses, consents and releases necessary to grant Covey the license to the Subscriber Content as set forth above; and (ii) neither the Subscriber Content nor Your submission, uploading, publishing or otherwise making available of such Subscriber Content nor Covey’s use of the Subscriber Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Subscriber Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Covey in its sole discretion, whether or not such material may be protected by law. Covey may, but shall not be obligated to, review, monitor, or remove Subscriber Content, at Covey’s sole discretion and at any time and for any reason, without notice to You.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these TOS; (b) use the Service to process data on behalf of any third party; (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with Covey, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law; (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by Covey, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than Covey’s home page), unless expressly authorized in writing by Covey; or (l) try to use, or use the Service in violation of these TOS.
You are responsible for all information, data, text, messages or other materials transmitted by You via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as Your plan allows. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that You will not, unless otherwise specifically agreed to in writing by Covey, charge anyone for access to any portion of the Site, or any information therein. You agree that You are responsible for anything that happens through Your account until You close Your account or prove that Your account security was compromised due to no fault of Your own.
You are solely responsible for any information, communications, content, or questions you provide or ask in any Site or Covey App public forum, including without limitation Covey Communities. You should have no expectation that any communication you make through the Site or Covey App will be confidential or private.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COVEY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER COVEY OR ITS SUBSCRIBERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COVEY NOR ITS SUBSCRIBERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
You expressly understand and agree that Covey, LLC and its directors, officers, employees, agents and members shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Covey has been advised of the possibility of such damages), whether sounding in contract, tort, strict liability, warranty or other legal or equitable theory, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) for any amounts that exceed the fees paid by You to Covey LLC under this Agreement during the six (6) month period prior to the occurrence giving rise to Your claim or cause of action against COVEY; (vi) or any other matter arising out of or relating to the Service or Your use thereof (including but not limited to security breaches relating to data stored in connection with the Service). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber. The limitations specified in this Section will survive termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You shall defend, indemnify and hold harmless Covey and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these TOS or any activity by You in relation to the Sites or Your use of the Services.
Unless otherwise agreed in writing by Covey and You, the Service is billed in advance, is non-refundable, and any payments that may be due are due upon receipt of invoice. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the income of Covey.
Covey may at any time, terminate its legal agreement with You and access to the Services:
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding the conflicts of laws rules). Any action or proceeding in connection herewith shall be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania.