Last Revised: May 26th, 2022

 

Terms of Service

 

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of a registered entity ("You", “Licensee”, “Customer”) and Covatar Inc. (doing business as Covatar & Covatar NFT) ("Company," "We," "Us," or "Our"), concerning your access to and use of the COVATAR.COM website, purchase of products offered at COVATAR.COM and its other distribution channels as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Website", “Distribution Channels”, “Distribution Channels”) and where you can obtain services and products from Covatar Inc. The list of Distribution Channels includes but not limited to Amazon, Google Marketplace, Pinterest Shop, Online Store, Etsy, Fiverr, Ebay, TikTok Shop, Instagram Marketplace and Facebook Marketplace, and others not specifically mentioned in these Terms of Service.

You agree that by accessing the Website and accepting these Terms of Service, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, PURCHASING PRODUCTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference and have an equal power within these Terms of Service. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason without notice. 

We will alert you about any changes by updating the "Last Revised" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Website after the date such amended Terms of Service are posted.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website, emails and newsletters (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by Covatar Inc. or licensed to Covatar Inc., and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. 

The Content and the Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website, purchase products, use and request services, and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.

 

User Representations

By using the Website, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these Terms of Service and is at least 18 years old; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account, refuse any current or future use of the Website (or any portion thereof), decline Your service requests and/or cancel order made through this Website or our other distribution channels.

 

Product information

We make every effort to display as accurately as possible the product specifications such as colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. 

All products are subject to availability, and we cannot guarantee that items will be in stock at the time of your order. The product and order delivery timelines provided on this Website are mentioned for your general reference and can be different based on a variety of external factors that include but not limited to: product availability, seasonality, availability of products on the suppliers’ side, communication speed, and others. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change at our sole discretion. Any promotions, discounts and deals listed on this website are subject to change at our discretion without prior notice.

 

Purchases, Payments, Refunds

We accept the following forms of payment: Bank Cards (major payment systems: Visa, Mastercard, American Express, Discover, Diners Club), Apple Pay, Android Pay, ACH, cryptocurrency (via Coinbase Commerce), Amazon Pay, Facebook Pay, PayPal, ShopPay, Affirm. Each form of payment is subject to availability and strictly depends on the country of your residence, your jurisdiction, and other factors. We don’t guarantee the availability of the described payment methods.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You agree to provide us with payment credentials that belong to you or a third party person who gave a permission to use their payment information.

If You use an unauthorized by a third-party and/or stolen payment credentials that do not belong to you, We reserve the right to disclose your personal information that you provided to us to third-parties involved in investigating: including but not limited to payment processors, banks, courts, public officials and/or other authorities, and others. In addition to this, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Sales tax will be added to the price of purchases as deemed required by us. Please keep in mind that we reserve the right to change prices on products at any time without notice.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, commissions, payment processing fees, and any other charges associated with Your order. You authorize us to charge your chosen payment source for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment for the order: this can include underpaid items and services, additional services that are not included in your initial order or corrections caused by incorrect prices listed on the Website. You must ensure that you understand that you purchase the correct item. 

We reserve the right to refuse anybody and with any  order placed through the Website or our Distribution Channels. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We do not offer refunds under any circumstances for orders with submitted order forms (“Questionnaire”) that are requested later than 24 hours after the submission of the Questionnaire form. You agree that you're fully responsible for the quality and correctness of information you provide to us and that you read these Terms of Service carefully and understand them correctly. After 24 hours from receiving a Questionnaire form from you and/or delivering the final product, we do not offer any refunds or exchanges.

 

Order Execution Process

Once you purchase a Product, you must complete the Questionnaire form sent to you via email address that you used for creating your Order and provide the same contact information you included upon purchasing a Product. 

It is required that You complete this Questionnaire form and provide all information that We request in it in full. You are responsible for ensuring that the information that you provide us with is compliant with our Questionnaire requirements published on this page and act as a supplemental content to these Terms and Service: https://covatar.com/pages/questionnaire-guideline 

You, as a Customer, will be able to access this Questionnaire requirements from the questionnaire form as well as on the Website. It’s your responsibility to read and understand this Questionnaire requirements article.

We do not start processing your order until we have received a correctly completed Questionnaire. We begin the count of estimated delivery dates and timelines provided on this Website only after the correctly completed Questionnaire is submitted. You agree that the delays in the Questionnaire submission from your side as well as providing incorrect or incomplete information will result in delays in delivery timelines. At our sole discretion, we may request you to provide us with additional information or photographs related to your order. If this happens, we will contact you via email provided in the Order or Questionnaire. You must provide us with information that we request. If you fail to provide us with additional information, any future disputes will be rejected and any potential revisions or requests might be subject to additional charges and we will not responsible for the final result of your product as well as the final delivery timelines posted on the website.

 The Delivery Timelines are posted for general reference purposes and can vary based on your situation. We do not guarantee that the delivery timelines posted on the website are accurate. It is your responsibility to ensure a delivery timeline by contacting our support team via email at support@covatar.com

Any revision requests sent by you after receiving a final product might be subject to additional charges at our sole discretion. If problems with your order are caused by your failure to initially submit correct details, you will be requested to pay an additional revision fee based on the scope of work that you requested. The examples of scope of works for revisions is provided on this page and can be subject to change at our sole discretion: https://covatar.com/pages/questionnaire-guideline 

 

Service Packages, End Product and Scope of Work

When you purchase a product or service through our Website or other Distribution Channels, you understand and agree that you purchase a specific set of activities that will be performed by Us (“Scope of Work”) and not an End Product. 

By making the order on this Website or any of our Distribution Channels, you agree that the final product may vary depending on the perspective, composition, color palette, tones, lighting, line thickness, brushes, details, etc. The quality of reference photos and correctness of information you provide to us, your device screen or even your mood can also affect your perception of the final product.

Each product or service sold through our Website or any Distribution Channel might have a description of its Scope of Work that is included in the public price. We reserve the right to adjust a Scope of Work for your Order based on your requests at any time. In such cases, we reserve the right to require You to pay a fee for additional Scope of Work that is not included in an initial Scope of Work for product or service you ordered and paid for.

To simplify the understanding of Scope of Work, we offer different Service Packages (for example, Standard Package or Premium Package). Scope of work in each package can vary depending on a product or service and is subject to change. You understand and agree that We set and approve the final Scope of Work based on your requests and requirements. You understand and agree that in order to receive an additional service or product that is not included in original Scope of Work, you must pay an additional fee that will be requested by us and calculated at our sole discretion.

Scope of Work for each Service Package and unique product is described on each product page and subject to changes at our sole discretion.

You understand and agree that when You purchase products at www.covatar.com you agree that you purchase an End Product. Any additional versions (e.g. transparent background, alternative colors, details added or removed, etc.) of a graphic product are treated as standalone versions and are subject to additional fees and charges.

 

Revision and Edit Requests Process

In event when You request a revision or edit request, we reserve the right to require you to pay an additional fee for an additional Scope of Work at our sole discretion. The examples of Scopes of Work related to revisions and details of revision and edit request process is described on this page that serves as a supplemental content to these Terms of Service: https://covatar.com/pages/questionnaire-guideline 

The amounts of fees for revision requests are determined on a case-by-case basis and are set at our sole discretion. You agree that any fees for revision or edit requests must be paid in full and prior the provision of an additional Scope of Work related to your request.

 

Delivery Timelines and Expedited Delivery Services

All delivery timelines are provided in calendar days unless otherwise specificified on the Website pages. If you purchase any kind of expedited delivery services and/or packages and/or add-ons, the timelines can be subject to change based on artists and designers availability, workload, seasonality and product you purchase. It’s your responsibility to reach out to us prior purchasing an add-on or an additional service package related to expedited delivery services via email at support@covatar.com. We will ensure to provide you with correct information. 



Licensing and Use of End Products

When you purchase products and services from this Website or any of our Distribution Channels, you agree that You will use End Products (“Licensed Assets”, “Licensed Asset”) exclusively and strictly for personal reasons. We restrict you from using the results of our work for any kind of commercial purposes, reselling, sub-licensing, marketing distribution, and/or any other prohibited uses for each license type. 

It’s your responsibility to ensure that you researched and reviewed our licensing terms. All licensing terms and conditions are available for you to review on our website and serve as an addition to these Terms and Service. Each license can be purchased additionally to your End Product based on how you plan to use End Product:

 

 

As between You and Covatar Inc., Covatar Inc. retains intellectual ownership of the Licensed Asset, but grants You the limited, non-exclusive, non-transferable, and non-sublicensable copyright to use the Licensed Asset as expressly set forth above on the terms herein. You, as the Licensee reserve the right to purchase the White-label license to obtain non-restricted rights to the Licensed Asset. In such event, full ownership rights will be transferred to you.

At our sole discretion, We reserve the right to terminate you license at any time, in case of any kind of violations. We do not offer refunds or exchanges on terminated Licensed Assets.

 

Store Credits Rewards Program and Referral Program

The Store Credits Rewards Program and Referral Program is a joined marketing program we offer to you as a user and/or customer. This program is created to incentivize our customers to get rewarded with each purchase they make at Covatar.com or by rewarding them for inviting their friends, colleagues, family members, or community members to Covatar. 

The store credits can only be spent towards orders made at covatar.com and only at eligible products. Store credits are not refundable or exchangeable for cash. Store credits cannot be applied to a paid order. Store credits can not be applied to a full amount of order. No refunds in cash or store credit will be applied once payment is received. Store credits can not be combined with any other discounts or offers. All store credits are not refundable and cannot be replaced if lost, damaged, or expired. All items purchased using store credits cannot be returned or exchanged. The credits cannot be transferred between account, sold, or gifted.

Each customer and/or user is automatically enrolled into this program after creating (signing up/registering) a profile at Covatar.com. 

For accounting, tracking and managing this program we use software provided by Flits (https://getflits.com/). We do not take any responsibility for any glitches in the software or problems that can be caused by it. 

When participating in this program, completing the tasks for the store credits rewards and/or using rewards, you agree with the Store Credits Rewards Program and Referral Program terms and conditions that you can always review in the legal content section of our website, your personal account, or by clicking on this link: https://covatar.com/pages/legal-credits-referral-programs-terms 

We reserve the right to change, modify the terms and conditions of this program at any time without notice. This is your sole responsibility to regularly review the terms and conditions of our store credits rewards program.

 

Prohibited Activities

You may not access or use this Website or any of our Distribution Channels for any purpose other than that for which we make the Website and Distribution Channels available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed, supported and/or approved by Us in written form.

 

User Generated Contributions

The Website offers to post product reviews generated by users and customers. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). 

Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Website Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  •  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms of Service.
  •  You have the written consent, release, or permission of each identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms of Service.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).
  • Your Contributions do not intend to ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Service, or any applicable law or regulation.

Any use of the Website offerings  in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Website, products, services and other offerings.

 

Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Website, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website or other Distribution Channels, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") regarding the Website or our Distribution Channels provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

Website Management 

We reserve the right, but not the obligation, to (1) monitor the Website for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website and our Distribution Channels or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and the Marketplace Offerings.

 

Terms and Termination

These Terms of Service shall remain in full force and effect while you use the Website and our Distribution Channels. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE Terms of Service OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website or Distribution Channels offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website and Distribution Channels offerings.

We cannot guarantee the Website and Distribution Channels offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website Offerings during any downtime or discontinuance of the Website offerings. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website offerings or to supply any corrections, updates, or releases in connection therewith.

 

Governing Law

These terms shall be governed by and defined following the laws of California. Covatar Inc. and yourself irrevocably consent that the courts the Contra Costa County of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 180 days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Contra Costa County of California, the United States. The governing law of the contract shall be the substantive law of the California.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Corrections 

There may be information on the Website and Distribution Channels that contains typographical errors, inaccuracies, or omissions that may relate to the Website and Distribution Channels offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time without prior notice and at our sole discretion.

 

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

User Data

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

Electronic Communications, Transactions, and Signatures

Visiting the Website and our Distribution Channels, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Website or concerning the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or portion of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Website and Distribution Channel. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

 

Contact Us 

In order to resolve a complaint regarding the Website or services provided as well as to receive further information regarding the use of the Website, please contact us at support@covatar.com

 

To contact Covatar Inc. regarding legal claims, please use one of the following methods.

 

Email:

legal@covatar.com

 

Mailing Address:

Covatar Inc.

Attn: Terms of Service

2244 Oak Grove Rd. #30306

Walnut Creek, CA 94598

The United States

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